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Home My WebLink About2006-170 - Unified Development OrdinanceBILL NO. 2006-170 ORDINANCE NO. 2006-170 ' AN ORDINANCE REPEALING "TITLE IV: LAND USE" OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI, AND REPLACING IT WITH A UNIFIED DEVELOPMENT ORDINANCE (UDO) WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted a comprehensive review of the City's Municipal Code (the "Code ") sections regarding land use; and WHEREAS, the City staff with Shafer, Kline and Warren has prepared the Unified Development Ordinance; and WHEREAS, the Riverside Planning & Zoning Commission, at public hearings held on November 9, 2006, November 21, 2006, and December 14, 2006 considered and discussed amendments to the City Code's Sections; and WHEREAS, after such consideration and discussion, the Planning & Zoning Commission recommended that the City's Board of Aldermen adopt the proposed amendments; and WHEREAS, during a public hearing held during its meeting on November 21, 2006, December 5, 2006, and December 21, 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; and 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 "Title IV: Land Use" shall be deleted in its entirety and replaced with the following: 1 1 T �, 12/14/06 City of Riverside, MO `- Unified Development Ordinance Table of Contents Article I: General Provisions Page 1 l Section Title ........................................ ............................... Section 20 Authors 1 Section 30 Applicability ............................. ............................... Section 40 Purpose ......................................... ............................... Section 50 Interpretation ................................... .............................. Section 60 Relationship to Other Provisions of the Code .........................2 Section 70 Relationship to the Comprehensive Master Plan and Other 2 Policies .......................................................... ............................... Section 80 Relationship to Private Restrictions .... .............................. Section 90 Prohibitions ................................ ............................... 2 Section 100 Exemptions ............................... ............................... 3 Section 110 Effective Date ........................................ ............................... 3 Section 120 Development Under Prior Regulations ...... ............................... 3 Section 130 Annexed Territo 3 Section 140 Severability ............................... ............................... Page 5 Article II: Administration Section 150 Director of Planning and Economic Development ............... 55 Section 160 Planning and Zoning Commission ........................... Section 170 Board of Zoning Adjustment ........... ............................... 7 Article III: Applications and Procedures Page 9 Section 180 General Provisions for All Applications ...... ..............................9 Section 190 Public Hearing and Notice Provisions................ 12 Section 200 Procedure for Applications Pertaining to the Levee Critical Area................................................................. ............................. Section 210 Ordinance Text Amendment Applications ... ............................... 14 Section 220 RezoningApplications ........................... ..........:..................15 Section 230 Special Use Permit Applications .................. ............................... 16 Section 240 Platting Applications ........................... ............................. Section 250 Development Plan Applications ....... ............................... 3 Section 260 Land Disturbance Permit Applications .......... ............................. Section 270 Change of Use Permit Applications ....... ............................. Section 280 Vacation Applications ..................... ............................. Section 290 Variance Applications ................................. ............................. Section 300 Appeals of Administrative Interpretations and Decisions.......... 57 Section 310 Appeals to the Circuit Court ..................... ............................... Article IV: Zoning Districts Page 59 Section 320 R -1 Single - Family Residential District ......... ............................. 1 T �, Section 330 R -2 Two - Family Residential District ........ ............................. Section 340 R -3 Multiple - Family Residential District ..... ............................... 60 Section 350 CPO Civic and Professional Office District ........................ 60 Section 360 C -1 Commercial District ........... ............................... • • Section 370 I Industrial District ................................. ............................... ....61 Section 380 PD Planned Development District ....... ............................. Section 390 GP General Planned Development District .......................... 65 Section 400 Use Regulations......................... 65 Section 410 Use Table ........................................... ............................... 66 Section 420 Change of Use ..................................... ............................. Article V: Additional Regulations ( "Conditions ") Page 69 Section 430 Additional Regulations ( "Conditions ") for Residential Uses Allowed in Residential and Planned Districts ............................. 69 Section 440 Additional Regulations ( "Conditions ") for Nonresidential Uses Allowed in Business and Planned Districts .. ............................... 73 Section 450 Additional Regulations (Conditions ") for Uses Allowed in All Districts......................................................... ............................... 85 Article VI: Accessory Uses and Structures Page 87 Section 460 Residential Accessory Uses and Structures .. ............................... 87 Section 470 Prohibited Accessory Uses and Structures ... ............................... 88 Section 480 Nonresidential Accessory Uses and Structures ........................... 88 Section 490 Accessory Use and Structure Development and Operational Standards.................................................. ............................... 89 Article VII: General Development Standards Page 92 Section 500 Off - Street Parking and Loading ........... ............................... Section 510 Driveways and Roadway Access .................. ............................... 99 Section 520 Zoning District Property Development Standards.......... • • • • ..::.103 Section 530 Landscaping and Buffering .............. ............................... Section 540 Operational Performance Standards .... ............................... 110 Section 550 Number of Principal Uses and Structures per Lot .......................110 111 Section560 Fences .......................................... ............................... Section 570 Outdoor Lighting Standards ............. ....................'.......... 111 Section 580 Outdoor Storage and Display Standards . ............................11 Section 590 Nonresidential Design Standards ...................:::::::: Se 600 Corner Visibility ................ ............................... : :: : : : :: ...116 Section 610 Underground Utilities ................................... ............................... 116 Page 117 Article VIII: Signs 1 Section 620 Purpose ........................................ ............................... Section 630 General Provisions . ............................... ............................ Section 640 Permit Required ............................. ............................ Section 650 Signs Exempt from Regulations ....... ............................... 117 Section 660 Prohibited Signs ............ ............................... ............................ Section 670 Regulations Applicable to All Signs ............ ............................ Section 680 Temporary Signs .. ............................... ............................ u 7 i Section 690 Signs Permitted in All Districts ........ ............................... 122 Section 700 Signs Permitted in Residential Districts (R -1, R -2, and R-3) ...... 123 Section 710 Signs Permitted in Nonresidential Districts (CPO, C -1, I)..........124 Section 720 Signs Permitted in Districts PD and GP ....... ............................... 125 Section730 Billboards .......................... ............................... ............................ Article IX: Subdivision Regulations Page 131 Section 740 General Provisions .......................... ............................ Section 750 Applicable Rules and Regulations ........ ............................ Section 760 Platting Standards ........................ ............................... 134 Section 770 Additional Requirements . ............................... ............................ Section 780 Nonresidential Subdivisions ........... ............................... 136 Section 790 Assurance for Completion of Public Improvements ................137 Section 800 Assurance for Completion of Private Improvements ...............140 Section 810 Vacation of Plats ............................... ............................ Article X: Infrastructure Improvements Page 142 Section 820 Adequate Facilities Required ............... ............................ Section 830 Transportation Facilities ................ ............................... 143 Section840 Water ............................... ............................ Section 850 ...................... Wastewater Treatment and Disposal .. ............................... 149 Section 860 Stormwater Management ................... ............................ Section 870 Utilities and Easements ...................... ............................ Section 880 Parks and Open Space .......................... ............................ Section 890 Preservation of Natural Features and Amenities .................... 153 Article XI: Environmental Management Regulations Page 154 Section 900 Flood Hazard Prevention .................. ............................... 154 Section 910 Levee Critical Area Regulations ....... ............................... 158 Section 920 Stream Buffer and Setback Regulations . ............................158 Section 930 Land Disturbance Regulations................ 158 Article XII: Nonconformities Page 171 Section 940 General Provisions.....................- .......... 171 Section 950 Legal Nonconforming Uses ................ ............................ Section 960 Legal Nonconforming Structures .......... ............................ Section 970 Legal Nonconforming Lots ................ ............................ Section 980 Other Legal Nonconformities ............. ............................ Section 990 Nonconformities Created by Public Action ..........................173 Article XIII: Violations and Enforcement Page 174 Section 1000 Responsibility for Enforcement ........... ............................ Section 1010 Types of Violations ......................... ............................ Section 1020 Remedies and Enforcement Powers ...... ............................ Section 1030 Remedies Cumulative ...................... ............................ Section 1040 Enforcement Procedures ................... ............................ Section 1050 Other Enforcement Matters ................ ............................ Section 1060 Violations of Prior Regulations ........ ............................... 176 iii Section 1070 Penalty for Violations and Civil Remedies ...........................177 Article XIV: Definitions Page 178 Section 1080 Rules of Interpretation ...................... ............................... 178 Section 1090 Definitions ........ ............................... ............................ Article XV: Fees Page 201 Section 1100 General Provisions ............................... ............................ Section 1110 Schedule of Fees .......................... ............................... 201 M iv ARTICLE I: GENERAL PROVISIONS SECTION 10. TITLE This Ordinance shall be ]mown 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 "Ordinance" or "these regulations." SECTION 20. AUTHORITY This Ordinance is adopted pursuant to the authority granted to the City by Chapters 89 and 445 of the Revised Statutes of the State of Missouri, pursuant to the City's nuisance powers, and pursuant to the City's police powers. SECTION 30. APPLICABILITY This Ordinance shall be effective throughout the corporate limits of the City. Except where otherwise indicated, the provisions of this Ordinance 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. SECTION 40. PURPOSE The purpose of this Ordinance is to: A. Promote health, safety, morals and a general welfare of the community, including its aesthetic appearance. B. Lessen congestion in the streets. C. Secure safety from fires, panic and other dangers. D. Provide adequate light and air. E. Prevent the overcrowding of land. F. Avoid undue concentration of population. G. Bring about the gradual conformity of the uses of land and buildings throughout the City. H. Facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements. I. Protect and conserve the value of land throughout the City. Provide a policy to efficiently process permits and other application forms by the City. SECTION 50. INTERPRETATION In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the health, safety, and general welfare of the community. Where SECTION 100. EXEMPTIONS The following structures and uses shall be exempt from the provisions of this Ordinance: A. 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. B. 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. C. Public structures and buildings, sudh as retaining walls, signs, and traffic control devices located on public property. SECTION 110. EFFECTIVE DATE The provisions of this Ordinance are hereby adopted and become effective on the 1'` day of January, 2007. SECTION 120. DEVELOPMENT UNDER PRIOR REGULATIONS A. Those regulations in effect immediately prior to the effective date of this Ordinance shall be referred to in this Ordinance 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 Ordinance 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 Ordinance, except as otherwise specified herein. C. Complete applications submitted prior to the effective date of this Ordinance shall be processed under the previous regulations, except the applicant may request the application be processed under this Ordinance. Incomplete applications submitted prior to the effective date of this Ordinance, and that are not submitted in a complete form until after the effective date of this Ordinance, shall be processed under this Ordinance. Applications approved under the previous regulations, that are allowed to lapse or expire will be subject to reapplication under this Ordinance. 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 MI. • Nonconformities. SECTION 130. ANNEXED TERRITORY Whenever any land shall be annexed to the City after the adoption of this Ordinance, said land so annexed shall automatically be subject to the provisions of this Ordinance, and shall retain comparable zoning until public hearings are held after annexation to rezone the land. SECTION 140. SEVERABILITY ` It is the City's intention that the sections, subsections, paragraphs, sentences, clauses and phrases of this Ordinance 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 Ordinance and its applicability. 4 R n 1 , T �, 51 R 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 Ordinance, 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 Ordinance. 6. Provide such clerical, technical, and consultative assistance as may be required by the Planning and Zoning Commission, Board of Zoning Adjustment, other boards, commissions and officials in the exercise of their duties relating to this Ordinance. SECTION 160. PLANING AND ZONING COMMISSION A. Membership: The previously established Planning and Zoning Commission is hereby continued. It shall consist of 9 citizen members, the Mayor and 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 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 from among the members. The term of the Chairperson shall be for 1 year with eligibility for re- election. The Planning and Zoning Commission shall also elect for a term of 1 year, a Vice - Chairperson who shall serve in the absence or disqualification of the Chairperson. G. Procedure: A quorum of 7 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: 51 R vote of each member upon question, or if absent or failing to vote, indicating such fact, and shall keep records of its examin$tions and other official actions, all of which shall be immediately filed in the Office of the City Clerk, and shall be a public record. 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 Planning and Economic 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 Ordinance. 3. Undertake such other responsibilities as may be required by this Ordinance or by the Board of Aldermen. 4. In exercising }he above mentioned powers, such Board may, in accordance with the provisions of this Ordinance, 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 _ ¶ 7. The person or firms preparing the studies shall be subject to the approval of the Director of Planning and Economic Development or their designees. The costs of preparing and reviewing all studies shall be bome by the applicant. I. Application Processing_ Cycles: The Director of Planning and Economic 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 fview by other bodies). 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 Planning and Economic Development or their designees. K. Inactive Apvlication: Should any application remain inactive for a period of 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 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 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 - M&' 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. 10 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. Relationshieto 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. SECTION 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, preliminary development plan, and vacation. A public hearing shall be conducted by the Board of Zoning Adjustment on the following types of applications:'variance. 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 Ordinance 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 15 days prior to the hearing. 12 the Levee Critical Area shall include the steps outlined in this Article for the specific application type, as well as, the following additional procedures: A. The City shall forward the application to the Levee District for their review. B. 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. C. Prior to the City taking action on the application, the Levee District shall submit a statement to the City stating: 1. The work proposed in the submitted development plans has no adverse impact on the flood protection project. 2. 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). SECTION 2100 ORDINANCE TEXT AMENDMENT APPLICATIONS This section sets out the required review procedures and review criteria for amendments to the text of this Ordinance. A. Pre- Application Conference Before submitting an ordinance text amendment application, the applicant shall have a pre - application conference as specified in Section 180.B: Pre- Application Conference. B. Application Submittal Requirements All ordinance text amendment applications shall include the following: ' 1. A completed application form. 2. A non - refundable fee as established in Section 1110: Schedule of Fees. 3. Description of the proposal. C. Review and Report — Director of Planning and Economic Development The Director of Planning and Economic Development or their designees shall prepare a staff report that reviews the proposed amendment in light of the review criteria set forth in Section 180. Q. Review Criteria for Considering Applications. The Director shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least 5 days before the scheduled Planning and Zoning Commission public hearing. D. Review and Recommendation — Planning and Zoning Commission: The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within 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 14 1' by th Planning and Zoning Commission and Board of Aldermen in the timeframe outlined in this section ¢ue 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 Planning and Economic Development The Director of Planning and Economic Development or their designees shall prepare a staff report that reviews the proposed rezoning in light of the review criteria set forth in Section 180. Q. Review Criteria for Considering Applications. The Director shall provide a copy of the report to the Planning and Zoning Commission and the applicant at Least 5 days before the scheduled Planning and Zoning Commission public hearing. D. Review and Recommendation — Planning and Zoning Commission: The Planning and Zoning Commission shall hold a public hearing on the proposed rezoning within 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. E. Review and Action — Board of Aldermen The Board of Aldermen shall hold a public hearing on the proposed rezoning within 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 60 days of the date of the close of the Board of Aldermen public hearing on the rezoning. F. Review Criteria: In reviewing all rezoning applications, the reviewing bodies shall consider the review criteria set forth in Section 180.Q: Review Criteria for Considering Applications. G. Protest Petitions: In order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of 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 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 10 days prior to Board of Aldermen final action on the application, a rezoning shall not become effective except by the favorable vote of 213 of all the members of the Board of Aldermen. H. 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 Planning and Economic Development or their designees promptly after the ordinance authorizing the rezoning is adopted. SECTION 230. SPECIAL USE PERNM APPLICATIONS This section sets out the required review procedures and review criteria for special use permit applications. A. Pre - Application Conference Before submitting a special use permit application, the applicant shall have a pre - application conference a8 specified in Section 180.B: Pre - Application Conference. 16 T E. Review and Action — Board of Aldermen The Board of Aldermen shall hold a public hearing on the proposed special;use permit within 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 60 days of the date of the close of the Board of Aldermen public hearing on the special-use permit. F. Conditions for Approval Special use permits may be approved with conditions, safeguards, restrictions or timeframes, 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 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. G. Review Criteria: In reviewing all special use permit applications, the reviewing bodies shall consider the review criteria set forth in Section 180. Q. Review Criteria for Considering Applications H. Protest Petitions: In order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of 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 185 feet distant from the boundaries of the subject property. If a valid protest petition is submitted to the City at least 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 2/3 of all the members of the Board of Aldermen. I. 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: ,1. A building permit to effectuate the special use is not obtained within 12 months from the date of approval. 2. If a building permit is not required, substantial evidence of the use is not filed with the Director of Planning and Economic Development or their designees within 12 months from the date of approval. 3. The approved special use ceases operation for a period of 12 consecutive months. The 12 month time period may be extended by up to 6 months if the applicant submits a written request to the Director of Planning and Economic Development or their designees for extension prior to the expiration of approval. 4. The approved use changes site location. J. 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. K. Vesting of Righ 1. The mere issuance of a special use permit gives no vested rights to the permit holder. 18 R .. _ 1 . T. 1. Any proposed development of property using the condominium form of ownership i shall be treated by the City the same as a physically identical development under a different form of ownership. 2. In addition to any submission requirements in this Ordinance for a rezoning application, special use permit application, development plan application or plat application, the Director of Planning and Economic 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 of the Missouri Statutes. E. 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 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 3 lots. b. An adjustment in boundaries between adjoining platted lots. C. An adjustment of building lines. d. A resurvey to combine 2 or more lots or portion of lots into 1 lot. 2. Major Subdivision: A plat including 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 Snlit A plat which divides a previously platted piece of land into 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. F. Overview of Process: The review process for a minor subdivision involves 1 step: final plat review. The review process for a major subdivision involves 3 steps: preliminary plat review, construction plan review and final plat review. The review process for a lot split involves 1 step: administrative lot split review. G. Minor Subdivision: 1. Pm Conference Before submitting a minor subdivision application, the applicant shall have a pre - application conference as specified in Section 180.B: Pre Application Conference. Prior to, or as part of the pre- 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 20 BILL NO. 2006-170 ORDINANCE NO. 2006-170 AN ORDINANCE REPEALING "TITLE IV: LAND USE" OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI, AND REPLACING IT WITH A UNIFIED DEVELOPMENT ORDINANCE (UDO) WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted a comprehensive review of the City's Municipal Code (the "Code ") sections regarding land use; and WHEREAS, the City staff with Shafer, Kline and Warren has prepared the Unified Development Ordinance; and WHEREAS, the Riverside Planning & Zoning Commission, at public hearings held on November 9, 2006, November 21, 2006, and December 14, 2006 considered and discussed amendments to the City Code's Sections; and WHEREAS, after such consideration and discussion, the Planning & Zoning Commission recommended that the City's Board of Aldermen adopt the proposed amendments; and WHEREAS, during a public hearing held during its meeting on November 21, 2006, December 5, 2006, and December 21, 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; and 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 I . Riverside Municipal Code "Title IV: Land Use" shall be deleted in its entirety and replaced with the following: I I Article I: Section 10 Section 20 Section 30 Section 40 Section 50 Section 60 Section 70 Section 80 Section 90 Section 100 Section 110 Section 120 Section 130 Section 140 Article II: Section 150 Section 160 Section 170 Article III: Section 180 Section 190 Section 200 Section 210 Section 220 Section 230 Section 240 Section 250 Section 260 Section 270 Section 280 Section 290 Section 300 Section 310 Article IV: Section 320 12/14/06 City of Riverside, MO Unified Development Ordinance Table of Contents General Provisions Page 1 Title........................................ ............................... l Authority 1 Applicability............................. ............................... Purpose.......................................... .............................. Interpretation.................................. ............................... 2 Relationship to Other Provisions of the Code .........................2 Relationship to the Comprehensive Master Plan and Other Policies.......................................................... ............................... 2 Relationship to Private Restrictions .... .............................. Prohibitions................................ ............................... 2 Exemptions............................... ............................... 3 EffectiveDate ........................................ ............................... 3 Development Under Prior Regulations ...... ............................... 3 Annexed Territo 3 Severability............................... ............................... Administration Page 5 Director of Planning and Economic Development ................ 5 Planning and Zoning Commission ...... .............................. Board of Zoning Adjustment ........... ............................... 7 Applications and Procedures Page 9 General Provisions for All Applications ...... ..............................9 Public Hearing and Notice Provisions................ 12 Procedure for Applications Pertaining to the Levee Critical Area................................................................. ............................. Ordinance Text Amendment Applications ... ............................... 14 Rezoning Applications ........................... ............................. Special Use Permit Applications .................. ............................... 16 Platting Applications ........................... ............................. Development Plan Applications ....... ............................... 35 Land Disturbance Permit Applications .......... .............................45 Change of Use Permit Applications ....... ............................. Vacation Applications ..................... ............................. Variance Applications ................................. ............................. Appeals of Administrative Interpretations and Decisions.......... 57 Appeals to the Circuit Court ......................... ............................... 58 Zoning Districts Page 59 R -1 Single - Family Residential District ......... .............................59 M Section 330 R -2 Two - Family Residential District ........ ............................. Section 340 R -3 Multiple- Family Residential District ..... ............................... 60 Section 350 CPO Civic and Professional Office District ........................ 60 Section 360 C -1 Commercial District ........................ ............................. Section 370 I Industrial District .......................................... ............................. Section 380 PD Planned Development District ....... ............................. Section 390 GP General Planned Development District .......................... 65 65 Section 400 egulations................................ ............................... Use Regulations.......................... ...... 66 Section410 Use Table ........................................... ............................... Section 420 Change of Use ..................................... ............................. Article V: Additional Regulations ( "Conditions ") Page 69 Section 430 Additional Regulations ( "Conditions ") for Residential Uses Allowed in Residential and Planned Districts ....................... 69 Section 440 Additional Regulations ( "Conditions ") for Nonresidential Uses Allowed in Business and Planned Districts .. ............................... 73 Section 450 Additional Regulations (Conditions ") for Uses Allowed in All Di ............................... 85 Article VI: Accessory Uses and Structures Page 87 Section 460 Residential Accessory Uses and Structures .. ............................... 87 Section 470 Prohibited Accessory Uses and Structures ... ............................... 88 Section 480 Nonresidential Accessory Uses and Structures ........................... 88 Use Structure Development and Operational Section 490 Accessory and Standards.................................................. ............................... 89 Article VII: General Development Standards Page 92 Section 500 Off - Street Parking and Loading ........... ............................... 92 Section 510 Driveways and Roadway Access .................. ............................... 99 Section 520 Zoning District Property Development Standards ...................101 Section 530 Landscaping and Buffering ..................... ............................ Section 540 Operational Performance Standards .... ............................... 110 Section 550 Number of Principal Uses and Structures per Lot .......................110 111 Section 560 Fences .................................. ............................... ....... 111 Section 570 Outdoor Lighting Standards ............ ............................... Section 580 Outdoor Storage and Display Standards . ............................ Section 590 Nonresidential Design Standards .......... ............................ Section 600 Corner Visibility .......................... ............................... ..........116 116 Section 610 Underground Utilities ..................... ............................... .............. Page 117 Article VIII: Signs 117 Section 620 Purpose ........................................ ............................... Section 630 General Provisions . ............................... ............................ Section 640 Permit Required ............................. ............................ 117 Section 650 Signs Exempt from Regulations ....... ............................... Section 660 Prohibited Signs ............ ............................... ............................ Section 670 Regulations Applicable to All Signs ............ ............................ Section 680 Temporary Signs .. ............................... ............................ ii I Section 690 Signs Permitted in All Districts .......................... . ...........122 123 Section 700 Signs Permitted in Residential Districts (R -1, R -2, and R-3) ...... Section 710 Signs Permitted in Nonresidential Districts (CPO, C -1, I)..........124 Section 720 Signs Permitted in Districts PD and GP ....... ............................... 125 Section 730 Billboards .......................... ............................... ............................ Article IX: Subdivision Regulations Page 131 Section 740 General Provisions .......................... ............................ Section 750 Applicable Rules and Regulations ........ ............................ Section 760 Platting Standards ........................... ............................ Section 770 Additional Requirements . ............................... ............................135 136 Section 780 Nonresidential Subdivisions ........... ............................... Section 790 Assurance for Completion of Public Improvements ................137 Section 800 Assurance for Completion of private Improvements ...............140 Section 810 Vacation of Plats ......................... ............................... Article X: Infrastructure Improvements Page 142 Section 820 Adequate Facilities Required ............... ............................ Section 830 Transportation Facilities ................ ............................... 143 Section840 Section 850 Water ...................... ............................... ............................ Wastewater Treatment and Disposal .. ............................... 149 Section 860 Stormwater Management ................... ............................ Section 870 Utilities and Easements ...................... ............................ Section 880 Parks and Open Space--...-.-----.... - - - . .... ............................ 153 Section 890 Preservation of Natural Features and Amenities .................... Environmental Management Regulations Page 154 Article XI: 154 Section 900 Flood Hazard Prevention .................. ............................... 158 Section 910 Levee Critical Area Regulations ....... ............................... Section 920 Stream Buffer and Setback Regulations . ............................ Section 930 Land Disturbance Regulations ............................................ Page 171 Article XII: Nonconformities 171 Section 940 General Provisions..............-.------ .. Section 950 Legal Nonconforming Uses ................ ............................ Section 960 Legal Nonconforming Structures .......... ............................ Section 970 Legal Nonconforming Lots ................ ............................ Section 980 Other Legal Nonconformities ............. ............................173 Section 990 Nonconformities Created by Public Action .......................... Article XIII: Violations and Enforcement Page 174 Section 1000 Responsibility for Enforcement ........... ............................ Section 1010 " " " "' . ............................174 Types of Violations ............... Section 1020 Remedies and Enforcement Powers ...... ............................ Section 1030 Remedies Cumulative ...................... ............................ Section 1040 Enforcement Procedures ................... ............................ Section 1050 Other Enforcement Matters ................ ............................ 176 Section 1060 Violations of Prior Regulations ........ ............................... iii T Section 1070 Penalty for Violations and Civil Remedies ...........................177 Article XIV: Section 1080 Section 1090 Definitions Rules of Interpretation ...................... ............................... Definitions ........ ............................... ............................ Page 178 178 Article XV: Section 1100 Section 1110 Fees General Provisions ............................... ............................ Schedule of Fees .......................... ............................... Page 201 201 iv ARTICLE I: GENERAL PROVISIONS SECTION 10. TITLE This Ordinance 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 "Ordinance" or "these regulations." SECTION 20. AUTHORITY This Ordinance is adopted pursuant to the authority granted to the City by Chapters 89 and 445 of the Revised Statutes of the State of Missouri, pursuant to the City's nuisance powers, and pursuant to the City's police powers. SECTION 30. APPLICABILITY This Ordinance shall be effective throughout the corporate limits of the City. Except where otherwise indicated, the provisions of this Ordinance 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. SECTION 40. PURPOSE The purpose of this Ordinance is to: A. Promote health, safety, morals and a general welfare of the community, including its aesthetic appearance. B. Lessen congestion in the streets. C. Secure safety from fires, panic and other dangers. D. Provide adequate light and air. E. Prevent the overcrowding of land. F. Avoid undue concentration of population. G. Bring about the gradual conformity of the uses of land and buildings throughout the City. H. Facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements. I. Protect and conserve the value of land throughout the City. Provide a policy to efficiently process permits and other application forms by the City. SECTION 50. INTERPRETATION In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the health, safety, and general welfare of the community. Where 2 I I 1. SECTION 100. EXEMPTIONS `-' The following structures and uses shall be exempt from the provisions of this Ordinance: A. 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. B. 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. C. Public structures and buildings, such as retaining walls, signs, and traffic control devices located on public property. SECTION 110. EFFECTIVE DATE The provisions of this Ordinance are hereby adopted and become effective on the I' day of January, 2007. SECTION 120. DEVELOPMENT UNDER PRIOR REGULATIONS A. Those regulations in effect immediately prior to the effective date of this Ordinance shall be referred to in this Ordinance 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 Ordinance 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 Ordinance, except as otherwise specified herein. C. Complete applications submitted prior to the effective date of this Ordinance shall be processed under the previous regulations, except the applicant may request the application be processed under this Ordinance. Incomplete applications submitted prior to the effective date of this Ordinance, and that are not submitted in a complete form until after the effective date of this Ordinance, shall be processed under this Ordinance. Applications approved under the previous regulations, that are allowed to lapse or expire will be subject to reapplication under this Ordinance. 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 MI. Nonconformities. SECTION 130. ANNEXED TERRITORY Whenever any land shall be annexed to the City after the adoption of this Ordinance, said land so annexed shall automatically be subject to the provisions of this Ordinance, and shall retain comparable zoning until public hearings are held after annexation to rezone the land. SECTION 140. SEVERABILIT It is the City's intention that the sections, subsections, paragraphs, sentences, clauses and phrases of this Ordinance 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 Ordinance and its applicability. r ARTICLE II: ADMINISTRATION SECTION 150. DIRECTOR OF PLANNING AND ECONOMIC DEVELOPMENT A. Responsibility The Director of Planning and Economic Development or their designees shall be responsible for the administration of this Ordinance. B. Powers and Duties In administering this Ordinance, the Director or, their designees shall have the following powers and duties: 1. Enforce the regulations of this Ordinance. 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 Ordinance 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 roview 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 Ordinance, 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 Ordinance. 6. Provide such clerical, technical, and consultative assistance as may be required by the Planning and Zoning Commission, Board of Zoning Adjustment, other boards, commissions and officials in the exercise of their duties relating to this Ordinance. SECTION 160. PLANING AND ZONING COMMISSION A. Membership: The previously established Planning and Zoning Commission is hereby continued. It shall consist of 9 citizen members, the Mayor and 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 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 th Board of Aldermen for cause stated in writing and after a public hearing. F. Officers: The Planning and Zoning Commission shall elect a Chairperson from among the members. The term of the Chairperson shall be for 1 year with eligibility for re- election. The Planning and Zoning Commission shall also elect for a term of 1 year, a Vice - Chairperson who shall serve in the absence or disqualification of the Chairperson. G. Procedure: A quorum of 7 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: 0 Make recommendations to the Board of Aldermen on all proposed zoning text amendments, rezoning, 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 polices, and infrastructure improvement programs, including the financing thereof. 7. Perform all other functions pursuant to State law. SECTION 170. , BOARD OF ZONING ADJUSTMENT A. Membership: The previously established Board of Zoning Adjustment is hereby continued and shall consist of 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 5 -year term, except the terms of _ appointment for the first board shall be staggered as followed to assure continuity in the operations of the board: 2 members for 5 years, 2 members for 4 years and 1 member for 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 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 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 Ordinance. 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 4 members shall be required for a meeting to be held. The affirmative vote of 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 7 vote of each member upon question, or if absent or failing to vote, indicating such fact, and shall keep records of its examin*tions and other official actions, all of which shall be immediately filed in the Office of the City Clerk, and shall be a public record. 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 Planning and Economic 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 Ordinance. 3. Undertake such other responsibilities as may be required by this Ordinance or by the Board of Aldermen. 4. In exercising }he above mentioned powers, such Board may, in accordance with the provisions of this Ordinance, 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. ARTICLE III: APPLICATIONS AND PROCEDURES SECTION 180. GENERAL PROVISIONS FOR ALL APPLICATIONS A. Authority to File Applications: Applications for amendment of any portion of this Ordinance 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. Pre - Application Conference: Before filing any application, the applicant shall have a pre application conference with the Director of Planning and Economic Development and any other necessary City staff to discuss the proposed project, procedures, and requirements. C. Forms: All applications shall be submitted to the Planning and Economic 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, reapplications 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 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 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 Ordinance. 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 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 Planning and Economic 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 Planning and Economic 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 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 Planning and Economic 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 Planning and Economic 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 andkview 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 Planning and Economic Development or their designees. K. Inactive Application: Should any application remain inactive for a period of 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 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 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- Makine 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. `�11 10 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 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 Ordinance, 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 Ordinance 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 Ordinance. 3. Whether the proposal is consistent with the Comprehensive Master Plan and other adopted planning polices. 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 available 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. 11 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. SECTION 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, preliminary development plan, and vacation. A public hearing shall be conducted by the Board of Zoning Adjustment on the following types of applications:'variance. 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 Ordinance 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 15 days prior to the hearing. 12 3. Mailed Notice Mailed notice of a public hearing shall be required for all applications that requirq 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 185 feet from the exterior boundaries of the subject property. Such notice shall be sent at least 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 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 1 street frontage, 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. Notice Requirements Table Type of Application a of Notice R uired Publication Mailed Post Zoning Text Amendment X - - Rezoning X X X Special Use Permit X X X Pre' Plat X X X Preliminary Development Plan X X X Vacation X - - Variance X X X SECTION 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 timeframes outlined in this Article. The procedure for reviewing applications involving land within 13 the Levee Critical Area shall include the steps outlined in this Article for the specific application type, as well as, the following additional procedures: A. The City shall forward the application to the Levee District for their review. B. 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. C. Prior to the City taking action on the application, the Levee District shall submit a statement to the City stating: 1. The work proposed in the submitted development plans has no adverse impact on the flood protection project. 2. 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). SECTION 210. ORDINANCE TEXT AMENDMENT APPLICATIONS This section sets out the required review procedures and review criteria for amendments to the text of this Ordinance. A. Pre - Application Conference Before submitting an ordinance text amendment application, the applicant shall have a pre - application conference as specified in Section 180.B: Pre- Application Conference. B. Application Submittal Requirements All ordinance text amendment applications shall include the following: 1. A completed application form. 2. A non - refundable fee as established in Section 1110: Schedule of Fees. 3. Description of the proposal. C. Review and Report Director of Planning and Economic Develonment The Director of Planning and Economic Development or their designees shall prepare a staff report that reviews the proposed amendment in light of the review criteria set forth in Section 180. Q. Review Criteria for Considering Applications. The Director shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least 5 days before the scheduled Planning and Zoning Commission public hearing. D. Re view and Recommendation — Planning and Zoning Co mmission: The Planning and Zoning Commission shall hold a public hearing on the proposed amendment within 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 14 iN Aldermen. The recommendation of the Planning and Zoning Commission shall contain a statement describing the nature end effect of the proposed amendment and explaining: 1. Whether such change is consistent with the intent and purpose of this Ordinance. 2. The areas that are most likely to be directly affected by the amendment and in what way they will be affected. 3. Whether the proposed amendment is made necessary because of changed or changing social values, new planning concepts or other social or economic conditions. E. Review and Action — Board of Aldermen The Board of Aldermen shall hold a public hearing on the proposed ordinance text amendment within 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 60 days of the date of the close of the Board of Aldermen public hearing on the amendment. Review Criteria: In reviewing all ordinance text amendment applications, the reviewing bodies shall consider the review criteria set forth in Section 180.Q.• Review Criteria for Considering Applications. SECTION 2206 REZONING APPLICATIONS This section sets out the required review procedures and review criteria for rezoning applications. A. Pre-A lication Conference: Before submitting a rezoning application, the applicant shall have a pre - application conference as specified in Section 180.B. Pre Application Conference. B. Application Submittal Requirements All rezoning applications shall include the following: 1. A completed application form. 2. A non - refundable fee as established in Section 1110: Schedule of Fees. Legal description of the subject property. 4. Map showing all the land proposed to be rezoned and all surrounding land within 100 feet from the subject property, including the names of the property owner. 5. Description of the proposal. 6. Names and addresses of property owners within 185 feet of the subject property. Such information shall be current and obtained from the records of the County Assessor. Copies of tax certificates from the County. 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 15 by the Planning and Zoning Commission and Board of Aldermen in the timeframe outlined in this section Oue 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 Planning and Economic Development The Director of Planning and Economic Development or their designees shall prepare a staff report that reviews the proposed rezoning in light of the review criteria set forth in Section 180. Q: Review Criteria for Considering Applications. The Director shall provide a copy of the report to the Planning and Zoning Commission and the applicant at feast 5 days before the scheduled Planning and Zoning Commission public hearing. D. Review and Recommendation — Planning and Zoning Commission: The Planning and Zoning Commission shall hold a public hearing on the proposed rezoning within 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. E. Review and Action — Board of Aldermen The Board of Aldermen shall hold a public hearing on the proposed rezoning within 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 60 days of the date of the close of the Board of Aldermen public hearing on the rezoning. F. Review Criteria: In reviewing all rezoning applications, the reviewing bodies shall consider the review criteria set forth in Section 180.Q: Review Criteria for Considering Applications. G. Protest Petitions: In order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of 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 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 10 days prior to Board of Aldermen final action on the application, a rezoning shall not become effective except by the favorable vote of 2/3 of all the members of the Board of Aldermen. H. Adoption 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 Planning and Economic Development or their designees promptly after the ordinance authorizing the rezoning is adopted. SECTION 230. SPECIAL USE PERMIT APPLICATIONS This section sets out the required review procedures and review criteria for special use permit applications. A. Pre-Anlication Conference Before submitting a special use permit application, the applicant shall have a pre - application conference at specified in Section 180.B: Pre - Application Conference. 16 B. A Mlication Submittal Requirements All special use permit applications shall include the following: 1. A completed application form. 2. A non - refundable fee as established in Section 1110: Schedule of Fees. 3. Legal description of the subject property. 4. Map showing all the land included in the proposal and all surrounding land within 100 feet from the subject property, including the names of the property owner. 5. Description of the proposal, including any development plans, landscape plans and building elevations as may be deemed necessary by the Director of Planning and Economic Development or their designees. 6. Names and addresses of property owners within 185 feet of the subject property. Such information shall be current and obtained from the records of the County Assessor. ' 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 timeframe 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 Planning and Economic Development The Director of Planning and Economic 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 180.Q. Review Criteria for Considering Applications. The Director shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least 5 days before the scheduled Planning and Zoning Commission public hearing. D. Review and Recommendation — Planning and Zoning Commission: The Planning and Zoning Commission shall hold a public hearing on the proposed special use permit within 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 timeframes upon the premises benefited by the special use permit as maybe 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 Ordinance, so long as the condition, safeguard or restriction relates to a situation created or aggravated by the proposed use. 17 E. Review and Action — Board of Aldermen The Board of Aldermen shall hold a public hearing on the proposed special;use permit within 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 60 days of the date of the close of the Board of Aldermen public hearing on the special use permit. F. Conditions for Approval Special use permits may be approved with conditions, safeguards, restrictions or timeframes, 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 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. G. Review Criteria: In reviewing all special use permit applications, the reviewing bodies shall consider the review criteria set forth in Section 180. Q. Review Criteria for Considering Applications I H. Protest Petitions: In order to be considered valid, a protest petition must be duly signed and acknowledged by the owners of 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 185 feet distant from the boundaries of the subject property. If a valid protest petition is submitted to the City at least 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 2/3 of all the members of the Board of Aldermen. I. 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: ,1. A building permit to effectuate the special use is not obtained within 12 months from the date of approval. 2. If a building permit is not required, substantial evidence of the use is not filed with the Director of Planning and Economic Development or their designees within 12 months from the date of approval. 3. The approved special use ceases operation for a period of 12 consecutive months. The 12 month time period may be extended by up to 6 months if the applicant submits a written request to the Director of Planning and Economic Development or their designees for extension prior to the expiration of approval. 4. The approved use changes site location. J. 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. K. Vesting of Rigs:. 1. The mere issuance of a special use permit gives no vested rights to the permit holder. 18 IF 2. A right to continue a specially permitted use shall vest only if the project is constructed and the use ;actually started. 3. The right to continue a special use that was permitted prior to the effective date of this Ordinance shall last only as long as specified by the special use permit, provided all conditions of said approval continue to be met. 4. Uses that are allowed without a special use permit prior to the effective date of this Ordinance, but are designated as special uses in this Ordinance, shall be allowed to continue as nonconforming uses provided the requirements of Article M. Conformities are satisfied. L. Amendments: The procedure for amending a special use permit shall be the same as required for the original approval. SECTION 240. PLATTING APPLICATIONS This section sets out the required review procedures and review criteria for platting applications. I A. Aunlicability: Platting shall be required for any of the following: 1. Reconfiguration of an established lot or lots. 2. Division of land into 2 or more parcels. 3. Development on 1 or more contiguous parcels not previously platted. 4. Development that involves the construction of any public improvements that are to be dedicated to the City. B. 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 Ordinance 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. Character of the Land Land which the Planning and Zoning Commission or Board of Aldermen finds to be unsuitable 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. D. Condominium Plats 19 1. 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. 2. In addition to any submission requirements in this ordinance for a rezoning application, special use permit application, development plan application or plat application, the Director of Planning and Economic 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 of the Missouri Statutes. E. 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 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 3 lots. b. An adjustment in boundaries between adjoining platted lots. C. An adjustment of building lines. d. A resurvey to combine 2 or more lots or portion of lots into 1 lot. 2. Major Subdivision: A plat including 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 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. F. overview of Process: The review process for a minor subdivision involves 1 step: final plat review. The review process for a major subdivision involves 3 steps: preliminary plat review, construction plan review and final plat review. The review process for a lot split involves 1 step: administrative lot split review. G. Minor Subdivision: 1. Pro-Application Conference Before submitting a minor subdivision application, the applicant shall have a pre - application conference as specified in Section 180.B: Pre Application Conference. Prior to, or as part of the pre - 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 OR of Planning and Economic Development or their designees and other necessary City staff. Following their roview, the reviewing staff shall confer with the applicant to discuss any matters that will assist the applicant in preparing a minor subdivision final plat. 2. Application Submittal Requirements All minor subdivision applications shall include the following: a. A completed application form. b. A non - refundable fee as established in Section 1110. Schedule of Fees.. C. Map showing all the land included in the proposal and all surrounding land within 100 feet from the subject property, including the names of the property owner. d. 'Four (4) full -size copies (not more than 34" x 44 ") and 1 reduced copy (11" x 17 ") of the minor subdivision final plat including the following infonhation: 1) 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. 2) Name and address of the property owner and applicant. 3) Scale of the plat, which shall be 1 inch equals 100 feet or larger, unless specifically waived by the Director of Planning and Economic Development or their designees. 4) Date and north arrow. 5) 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. 6) 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. 7) Names of adjacent subdivisions, if any, and owner of adjacent parcels of unsubdivided land. 21 8) Layout, lot numbers and approximate dimensions of lots. 9) Building setback lines with dimensions. 10) Indication of any lots on which a use other than residential is proposed. 11) A written and signed statement explaining flow the applicant proposes to provide water and treatment of wastewater for each of the lots. 12) 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. 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 timeframe 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 Planning and Economic Development The Director of Planning and Economic 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 180. Q. Review Criteria for Considering Applications. The Director shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least 5 days before the scheduled Planning and Zoning Commission meeting. 4. Review and Recommendation — Planning and Zoning Commission The Planning and Zoning Commission shall review the minor subdivision application within 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. 5. Review and Action — Board of Aldermen The Board of Aldermen shall review the minor subdivision application within 30 days of the Planning and Zoning Commission's recommendation. After reviewing the application, the Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed minor subdivision. 6. Review Criteria: In reviewing all minor subdivision applications, the reviewing bodies shall consider the review criteria set forth in Section 180. Q. Review Criteria for Considering Applications. 22 7. 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. 8. Submissions: Prior to the recording of the plat, the applicant shall submit to the City the following: a ies: Sufficient paper and mylar copies of the plat with all appropriate signatures. b. 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. 9. 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 cost of recording the plat with the Recorder of Deeds shall be borne solely by the applicant. The applicant must record the final plat within 60 days from the date of approval, or sdch plat is null and void. 10. 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 Planning and Economic Development or their designees before the land may be sold as lots and before building permits and occupancy permits shall be issued. 11. 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. H. Major Subdivision: The review process for major subdivisions involves 3 steps: preliminary plat review, construction plans review and final plat review. 1. Preliminary Plat a. ose: A preliminary plat shall be required for the general subdivision of land to ensure the layout of a proposed subdivision conforms to this Ordinance, the Comprehensive Master Plan and City policy. An approved preliminary plat is required prior to the consideration of a final plat application. b. Pre - Application Conference Before submitting a preliminary plat application, the applicant shall have a pre - application conference as specified in Section 180.B. Pre- Application Conference. Prior to or as part of the pre- application conference, the applicant shall submit a sketch plat showing their ideas and intentions for the platting of the proposed subdivision. The sketch 23 plat shall show all existing and proposed buildings, utilities, sanitary sewers, L drainage structgres, and other features pertinent to the proper subdivision of land. The sketch plat shall be reviewed by the Director of Planning and Economic Development 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 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 1110: Schedule of Fees. 3) Map showing all the land included in the proposal and all surrounding land within 100 feet from the subject property, including the names of the property owner. 4) Four (4) full-size copies (not more than 34" x 44 ") and 1 reduced copy (11" x IT) 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 th 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 1 inch equals 100 feet or larger, unless specifically waived by the Director of Planning and Economic Development or their designees. e) Date and north arrow. f) Title of the subdivision. g) Topography with contour intervals of not more than 2 feet, referred to USGS. In areas where grades are gentle, the 24 Director of Planning and Economic 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. 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: 25 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) Names and addresses of property owners within 185 feet of the subject property. Such information shall be current and obtained from the records of the County Assessor. 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 timeframe 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 Regort — Director of Planing and Economic Development To coordinate and facilitate review of the preliminary plat, the Director of Planning and Economic 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 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 1 week before the Planning and Zoning Commission public hearing, the proposed 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 preliminary plat application in ligl;t of the review criteria set forth in Section 180.Q. Review Criterlafor Considering Applications and any comments made by the agencies, departments and persons noted in this section. The Director or their designees shall provide a copy of the report to the Planning 26 and Zoning Commission and the applicant at least 5 days before the scheduled Planing and Zoning Commission public hearing. e. Review and Recommendation — Planning and Zoning Commission: The Planning and Zoning Commission shall hold a public hearing on the proposed preliminary plat within 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. f. Review and Action — Board of Aldermen The Board of Aldermen shall hold a public hearing on the proposed preliminary plat within 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 preliminary plat within 60 days of the date of the close of the Board of Aldermen public hearing on the preliminary plat. g. Review Criteria: In reviewing all preliminary plat applications the reviewing bodies shall consider the review criteria set forth in Section 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 approval of the preliminary plat and prior to 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 drawn at a scale no larger than 1 inch equals 50 feet, and map sheets shall be of the same size as the preliminary plat. Construction plans shall be submitted to the Director of Planning and Economic Development or their designees for review and approval and shall contain the following information. 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 100 feet of the intersection, shall be shown. Approximate radii of all curves, lengths of tangents and central angles on all streets. b. The Director of Planning and Economic Development or their designees may require, where steep slopes exist, that cross - sections of all proposed streets at 50 foot stations be shown at 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 25 feet inside each property line. 27 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, stormwater 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 8 inches or more measured 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 USGS datum plane. If the subdivision borders a lake, river or stream, the distance and bearings of a meander line established not less than 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 a contour interval of 2 feet, referred to sea -level datum. All datum provided shall be latest applicable U.S. Coast and Geodetic Survey datum and should be so noted. �- 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 Director of Planning and Date Economic Development i. Title, name, address and signature of professional engineer and surveyor, and date including revision dates. 3. Final Plat Applications a. Pre- Application Conference Before submitting a final plat application, the applicant shall have a pre - application conference as specified in Section 180.B: Pre Application Conference. 28 r _ n b. Aunlication Submittal Requirements All final plat applications shall include the following: 1) A completed application form. 2) A non - refundable fee as established by the City. 3) Map showing all the land included in the proposal and all surrounding land within 100 feet from the subject property, including the names of the property owner. 4) Four (4) full size copies (not more than 34" x 44 ") and 1 reduced copy (11" x 17 ") 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 1 inch equals 100 feet or larger, unless specifically waived by the Director of Planning and Economic 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. h) Location and dimensions of all boundary lines of the property. 29 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 C T at the representative thereof or by legend, except that comer 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. Owner or Representative Date " v) Details of any proposed subdivision identification signs or entrance markers. 5) Current title report. 6) The performance bond, if required, in a form satisfactory to the City Attorney. 7) 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. 8) Copies of tax certificates from the Couhty. 9) Proof of ownership or control of the property or permission from the property owner. 10) 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 timeframe 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. 31 C. Review and Report — Director of Planning and Economic Development To coordinate and facilitate review of the final plat, the Director of Planning and Economic 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 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 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 re that reviews the proposed final plat application in light of the review criteria set forth in Section 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 provide a copy of the report to the Planning and Zoning CoInTission and the applicant at least 5 days before the scheduled Planning and Zoning Commission meeting. d. Review and Recommendation — Planning and Zoning Commission: The Planning and Zoning Commission shall review the final plat application within 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, approval with modifications or denial of the application and 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 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 application. f. Review Criteria: In reviewing all final plat applications the reviewing bodies shall consider the review criteria set forth in Section 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 application 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. 32 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 cost of recording the plat with the Recorder of Deeds shall be borne solely by the applicant. The applicant must record the final plat within 60 days from. the date of approval, or such plat is null and void. 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 Planning and Economic Development or their designees before the land may be sold as lots and before building permits and occupancy permits shall be issued. I. Lot Split Applications: 1. 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 5 lots. 2. Pre Aonlication Conference Before submitting a lot split application, the applicant shall have a pre - application conference as specified in Section 180.B. Pre - Application Conference. Prior to or as part of the pre - 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 Planning and Economic 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. 3. Application Submittal Requirements All lot split applications shall include the following: a. A completed application form. b. A non - refundable fee as established in Section 1110: Schedule of Fees. C. Map showing all the land included in the proposal and all surrounding land within 100 feet from the subject property, including the names of the property owner. d. Four (4) full size copies (not more than 34" x 44 ") and one (1) 11" x 17" copy of the lot split survey including the following information: 1) Location, section, township, range, County and State; and a legal description of the boundary with acreage. The survey 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 33 and Land Survey. The allowable error of closure and positional accurady 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. 2) Name and address of the property owner and applicant. 3) Scale of the survey, which shall be 1 inch equals 100 feet or larger, unless specifically waived by the Director of Planning and Economic Development or their designees. 4) Date and north arrow. 5) 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. 6) 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. 7) Names of adjacent subdivisions, if any, and owner of adjacent parcels of un§ubdivided land. 8) Layout, tract and lot identification labels and approximate dimensions of lots. 9) Building setback lines with dimensions. 10) Indication of any lots on which a use other than residential is proposed. 11) A written and signed statement explaining how the applicant proposes to provide water and treatment of wastewater for each of the lots. 12) 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. 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 timeframe outlined in this section due to the time required 34 for additional agencies, such as the Corps of Engineers and Levee District, to review the application. 4. Review and Report — Director of Planning and Economic Development The Director of Planning and Economic 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. 5. Review Criteria: In reviewing all lot split applications the reviewing bodies shall consider the review criteria set forth in Section 180.Q. Review Criteria for Considering Appl ications. 6. 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. 7. Submissions: Prior to the recording of the survey, the application shall submit to the City the following: a. Conies Sufficient paper and mylar copies of the survey with all appropriate signatures. b. 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. 8. Recording of the Plat: No survey shall be recorded or filed with the County Recorded of Deeds until such survey has been approved by the Director of Planning and Economic Development or their designees. The cost of recording the survey with the Recorder of Deeds shall be borne solely by the applicant. The applicant must record the survey within 60 days from the date of approval, or such survey is null and void. SECTION 250. DEVELOPMENT PLAN APPLICATIONS This section sets out the required review procedures and review criteria for development plan applications. A. 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. B. Application Types: The review process for development plan applications shall vary depending on the type of application submitted. 1. Minor Development Plan: The following situations shall be processed in accordance with the provisions for a minor development plan. 35 a. Additions to commercial, industrial or mixed -use structures which are less than 25% of the existing structure. b. Multi - family residential developments and attached single - family dwelling units comprised of less than 4 units. C. Parking lot expansions, provided the total number of added spaces is 10 or fewer. d. Any development not meeting the applicability criteria as stated under Major Development Plan below. 2. Major Development Plan The following situations shall be processed in accordance with the provisions for a major development plan. a. Any new commercial, industrial or mixed -use development. b. Additions to commercial, industrial or mixed -use buildings which are greater than 25% of the existing structure. C. Multi - family residential developments and attached single- family dwelling units comprised of 4 or more units. d. Parking lot expansions which expand the lot by more than 10 spaces. e. Any development possessing more than 1 phase. f. A determination is made by the Director of Planning and Economic Development or their designees that the application may have a significant impact on adjacent property or the community in general. C. ' Overview of Process: The review process for minor development plans shall be handled administratively. The review process for major development plans involves at least 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. Preliminary Development Plan: 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. 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 36 T acceptance of the overall general planning concepts for the development and permission to prepare and submit a final development plan. 2. 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. D. Minor Development Plan 1. Pre- Application Conference Before submitting a minor development plan application, the applicant shall have a pre - application conference as specified in Section 180.B: Pre Application Conference. Prior to, or as part of the pre - 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 minor development plan applications shall include the following: a. A completed application form. b. A non - refundable fee.as established in Section 1110: Schedule of Fees. C. Legal description of the subject property. d. Map showing all the land included in the proposal and all surrounding land within 100 feet from the subject property, including the names of the property owner. e. Four (4) full -size copies (not more than 34" x 44') and 1 reduced copy (11" x 17 ") of the development plan, including the following: 1) Site plan showing: a) The general location of the property. b) Name and address of the property owner and applicant. c) Scale of the plan, which shall be 1 inch equals 100 feet or larger, unless specifically waived by the Director of Planning and Economic Development or their designees. d) Date and north arrow. e) The layout of the Property identifying setback lines, existing and proposed improvements (buildings, streets, parking areas, ingress and egress points, loading areas, utilitarian 37 2) Grading and erosion control plan showing existing and proposed contours, with intervals of 5 feet or less extending 50 feet beyond the property. 3) Stormwater calculations, prepared in according with KCAPWA Section 5600, showing predevelopment conditions, post development conditions, downstream impacts and any necessary mitigation. 4) Landscape plan showing any existing and proposed screening, fencing and landscaping. 5) 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). 6) A copy of any covenants or deed restrictions that are intended to cover all or any part of the development. f. Copies of tax certificates from the County. g. Proof of ownership or control of the property or permission from the property owner. h. A completed Flood Hazard and Levee Critical Area Information Form, if necessary. Applications involving the Flood Hazard or Levee Critical Area may not be reviewed by the Planning and Zoning Commission and Board of Aldermen in the timeframe 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 Action — Director of Planning and Economic Develop The Director of Planning and Economic 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 1 11�' 38 It - . 1 7' areas, pedestrian facilities, recreational facilities, retaining walls, etc.) and natural areas. f) Location and dimensions of existing and proposed public streets (including right -of -way lines), water lines, hydrants, sewer lines, stormwater management facilities, easements, parks and other publicly owned land or improvement. g) Location and type of outdoor lighting. h) Surrounding land uses, zoning districts and special districts. i) The names of adjacent property owners. 2) Grading and erosion control plan showing existing and proposed contours, with intervals of 5 feet or less extending 50 feet beyond the property. 3) Stormwater calculations, prepared in according with KCAPWA Section 5600, showing predevelopment conditions, post development conditions, downstream impacts and any necessary mitigation. 4) Landscape plan showing any existing and proposed screening, fencing and landscaping. 5) 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). 6) A copy of any covenants or deed restrictions that are intended to cover all or any part of the development. f. Copies of tax certificates from the County. g. Proof of ownership or control of the property or permission from the property owner. h. A completed Flood Hazard and Levee Critical Area Information Form, if necessary. Applications involving the Flood Hazard or Levee Critical Area may not be reviewed by the Planning and Zoning Commission and Board of Aldermen in the timeframe 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 Action — Director of Planning and Economic Develop The Director of Planning and Economic 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 1 11�' 38 It - . 1 7' development plan application the Director or their designees shall approve, approve with modifications or dony the application. 4. Review Criteria: In reviewing all minor development plan applications the reviewing bodies shall consider the review criteria set forth in Section 180.Q. Review Criteria for Considering Applications. 5. Revisions: The Director of Planning and Economic 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: a. A 10% or greater increase in building height. b. A 10% or greater increase in floor area, building coverage, or impervious surface. c.` A 10 decrease in open space. E. Major Development Plan 1. Preliminary Development Plan a. Pre - Application Conference Before submitting a preliminary development plan application, the applicant shall have a pre- application conference as specified in Section 180.B: Pre Application Conference. Prior to, or as part of the pre- 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 preliminary development plan applications shall include the following: 1) A completed application form. 2) A non - refundable fee as established in Section 1110. Schedule of Fees. 3) Legal description of the subject property. 4) Map showing all the land included in the proposal and all surrounding land within 100 feet from the subject property, including the names of the property owner. 5) Description of the development indicating the anticipated use(s), intensity and density. % 39 Four (4) full-size copies (not more than 34" x 44'1 and 1 reduced copy (11" x 17 ") of the preliminary development plan including the -- following: a) Site plan showing: The general location of the property. Name and address of the property owner and applicant. Scale of the plan, which shall be 1 inch equals 100 feet or larger, unless specifically waived by the Director of Planning and Economic Development or their designees . ' Date and north arrow. 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. Location and dimension of existing and proposed public streets (including right -of -way lines), water lines, hydrants, sewer lines, stormwater management facilities, easements, parks or other publicly owned land or improvement. Location and type of outdoor lighting. Surrounding land uses, zoning districts and special districts. The names of adjacent property owners. b) Grading and erosion control plan showing existing and proposed contours, with intervals of 5 feet or less extending 50 feet beyond the property. c) Stormwater management plan including a macro stormwater study in accordance with KCAPWA Section 5600. d) Landscape plan showing existing and proposed screening, fencing and landscaping. e) Plans and elevation views of all existing and proposed buildings and structures or accessory structures. f) Master sign plan. 1 -11 , 40 it .. A T 7) Names and addresses of property owners within 185 feet of the subjecVproperty. Such information shall be current and obtained from the records of the County Assessor. 8) A copy of any covenants or deed restrictions that are intended to cover all or any part of the development. 9) Copies of tax certificates from the County. 10) Proof of ownership or control of the property or permission from the property owner. 11) 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 timeframe 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 Planning and Economic Development To coordinate and facilitate review of the preliminary development plan, the Director of Planning and Economic 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 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 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 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 provide a copy of the report to the Planning and Zoning Commission and the applicant at least 5 days before the scheduled Planning and Zoning Commission public hearing. d. Review and Recommendation — Planning and Zoning Commission: The Planning and Zoning Commission shall hold a public hearing on the proposed preliminary development plan within 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, o ;recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen. 41 e. Review and Action — Board of Aldermen The Board of Aldermen shall hold a public hearing on the proposed preliminary development plan within 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 preliminary development plan within 60 days of the date of the close of the Board of Aldermen public hearing on the application. f. Review Criteria: In reviewing all preliminary development plan applications, the reviewing bodies shall consider the review criteria set forth in Section 180.Q: Review Criteria for Considering Applications. g. 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. 2. Final Development Plan a. Pre - Application Conference Before submitting a final development plan application, the applicant shall have a pre- application conference as specified in Section 180.B: Pre Application Conference. As part of the pre - 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 final development plan applications shall include the following: 1) A completed application form. 2) A non - refundable fee as established in Section 1110: Schedule of Fees. 3) Legal description of the subject property. 4) Map showing all the land included in the proposal and all surrounding land within 100 feet from the subject property, including the names of the property owner. 5) Description of the development indicating the anticipated use(s), intensity and density. 6) Four (4) full-size copies (not more than 34" x 44 ") and 1 reduced copy (11" x 17 ") copy of the development plan including the following: ' a) Site plan showing: 42 It a ». The general location of the property. • Name and address of the property owner and applicant. • Scale of the plan, which shall be 1 inch equals 100 feet or larger, unless specifically waived by the Director of Planning and Economic Development or their designees • Date and north arrow. • 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. • Location and dimensions of existing and proposed public streets (including right -of -way lines), water lines, hydrants, sewer lines, stormwater management facilities, easements, parks or other publicly owned land or improvement. • Photometrics. • S=ounding land uses, zoning districts and special districts. • The names of adjacent property owners. b) Grading and erosion control plan showing existing and proposed contours, with intervals of 5 feet or less extending 50 feet beyond the property c) Stormwater management plan including a micro stormwater study in accordance with KCAPWA Section 5600. d) Landscape plan showing any existing and proposed screening, fencing and landscaping. e) Plans and elevation views of all existing and proposed 'buildings and structures or accessory structures. f) Master sign plan. 7) A copy of any covenants or deed restrictions that are intended to cover all or any part of the development. 8) Copies of tax certificates from the County. 9) Proof of ownership or control of the property or permission from the property owner. 43 10) 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 timeframe 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 Planning and Economic Development To coordinate and facilitate review of the final development plan, the Director of Planning and Economic 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 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 1 week before the Panning 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 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 provide a copy of the report to the Planning and Zoning Commission and the applicant at least 5 days before the scheduled Planning and Zoning Commission meeting. d. Review and Recommendation — Planning and Zoning Commission: The Planning and Zoning Commission shall review the final development plan application within 60 days of the date that a complete application is filed. The Planning and Zoning Commission shall table or 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. e. Review and Action — Board of Aldermen The Board of Aldermen shall review the proposed final development plan application within 30 days of the Planning and Zoning Commission's recommendation. The Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed final development plan within 60 days of the date of the Planning and Zoning Commission's recommendation. f. Review Criteria: In reviewing all final development plan applications, the reviewing bodies shall consider the review criteria set forth in Section 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: 44 1) 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. 2) A change in the mix of housing types or the amount of land area devoted to non - residential uses. 3) A reduction in the amount of open space. 4) 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. 5) Any change determined by the Planning and Zoning Commission to represent an increase in development intensity. 6) A change in use categories. 7) A material change in the layout of buildings. 8) A material change. in the master sign plan. g. 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. h. Revisions The Director of Planning and Economic 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: 1) A 10% or greater increase in building height. 2) A 10% or greater increase in floor area, building coverage, or impervious surface. 3) A.10% decrease in open space. SECTION 260. LAND DISTRUBANCE PERMIT APPLICATIONS This section sets out the required review procedures and review criteria for a land disturbance permit application. A. 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 pernut from the City. B. 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 45 special use permit, development plan approval or amendment, or platting, a site disturbance permit shall not be required in tT a following instances: 1. Land disturbances less than 1 acre but greater than 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. 2. Land disturbances less than or equal to 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. 3. 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. 4. Home gardens. Home gardening operations including plowing or tilling of land for the purposes of growing flowers and/or vegetables. S. Work to correct or remedy ewer eg naies. This includes situations that pose an immediate danger to life or property or substantial flood or fire hazards. 6. Routine amricultural cR management practices. C. 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. D. . Apglication Submittal Requirements All land disturbance permit applications shall include the following: A completed application form. 2. A non - refundable fee as established. in Section 1110: Schedule of Fees. Legal description of the subject property. 4. A map depicting the general location of the subject property and all surrounding land within 100 feet from the subject property, including the names of the property owner. 5. Description of the proposal. 6. Contoured development map showing existing contours of the site and adjoining strips of non -site property and proposed contours after completion of the proposed grading and development, based on United State Geological Survey datum, with established elevations at buildings, walks, drives, street and roads; and information on necessary clearing and grubbing, removal of existing structures, excavating, filling, spreading and compacting. The Director of Planning and Economic 46 _. - - — - T - -. - - Development or their designees may require the development map to be prepared and sealed by a licensed professional engineer or land surveyor. 7. 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. 8. Name and address of the property owner. 9. Estimated grading quantity. 10. Details of site drainage system. 11. A proposed erosion and sediment control plan. 12. Construction access to the site. 13. Location of temporary off-street parking. 14. The estimated schedule of operation, including the dates of starting and completion of grading work. 15. Sources of off -site fill material or soil sites and all information relative to haul routes, trucks and equipment. 16. A recent aerial photograph, or a detailed topographic map showing tree canopy in the same scale as the development plan. 17. 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: a. Maximum surface runoff from the site, calculated using the adopted standards. b. Sediment yield, calculated using the adopted standards. C. 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. d. 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. e. 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. 47 f. Proposed conditions of the site in accordance with the phases outlined in the adopted standatds. g. Alternative methods of stabilizing the site when either seeding was not performed in accordance with the schedule or was performed and was not effective. h. The location and description of each temporary and permanent erosion and sediment control measure. The estimated needed duration of the permit. 18. Copy of the State operating permit (also known as the stormwater discharge permit) issued by the Water Pollution Control Program of the Department of Natural Resources if 1 or more acre s will be disturbed. 19. 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 790: Assurance for Completion of Public Improvements. 20. Copies of tax certificates from the County. 21. Proof of ownership or control.of the property or permission from the property owner. 22. 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 timeframe 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. E. Review and Report — Director of Planning and Economic Development The Director of Planning and Economic Development or their designees shall prepare a staff report that reviews the land disturbance permit application in light of the review criteria set forth in Section 180. Q. Review Criteria for Considering Applications. The Director or their designees shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least 5 days before the scheduled Planning and Zoning Commission meeting. F. Review and Action — Planning and Zoning Commission: The Planning and Zoning Commission shall review the proposed land disturbance permit application within 60 days of the date that a complete application is filed. After reviewing the application, the Planning and Zoning Commission shall table, approve, approve with modifications or deny 'the application. G. Review Criteria: In reviewing all land disturbance permit applications, the reviewing bodies shall consider the review criteria set forth in Section 180. Q. Review Criteria for Considering Applications. ' H. Inspections: Inspections shall be made by the Department of Public Works during each stage of fill operations and final approval shall be required upon completion of operations. 48 Applicants shall notify the City upon commencement of the following when and as completed: rough grading; fmi4h grading before seeding; and all re- establishment and construction work. I. Duration of Permit 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. 2. 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. 3. 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 l of the following events occur: a. The new owner of the property obtains a land disturbance permit. b. 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 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 Planning and Economic Development or their designees. SECTION 270. CHANGE OF USE PERMIT APPLICATIONS This section sets out the required review procedures and review criteria for change of use permit applications. A. Applicabil ity A change of use permit shall be required any time the use or type of occupancy of an existing building, structure or facility changes. B. Application Types and Approval Authority: The review process for change of use permit applications shall vary depending on the prior use and the proposed use. The following tables identify the use types and approval authority. Tvnea of Hap. Tahle 49 Use Tier I Uses Single Family Detached, Bank/Financial Institution, Flextech, Medical Service, General Office, Printing & Publishing, Post Office, Retail Sales and Service Tier II Uses Single Family Attached, Multi- Family, Xnimal Care, Bar or Tavern, Basic Industry, Cabinet% Carpentry Shop, Car Wash, Charitable Institutions, Construction Services (General Contractor), Convalescent Care, Convenience Store, Cultural Service, Food/Bakery Product Manufacturing, Freight Terminal, 49 Government Service, Health and Recreation Club, Hospital, Hotel or Motel, Kennel, Laundry Service, Manufacturing Assembly, Religious Assembly, Repair Service, Restaurant, Schools Tier III Uses Agricultural Processing/Sales/Service, Airport, Asphalt/Concrete Plant, Campground, Communication Tower, Compost Facility, Funeral Home, Gas & Fuel Storage, Hazardous Operation, Transitional Living Center, Vehicle/Fouinment Renair or Storage. Warehousing, Welding/ Machine Shop Vhanan of iTae Permit Approval Table 1. Minimal Change of Use Permit: Use changes approved administratively shall be processed in accordance with the provisions for a "Minimal Change of Use Permit Application". 2. Minor Change of Use Permit Use changes approved by the Planning and Zoning Commission shall be processed in accordance with the provisions for a "Minor Change of Use Permit Application ". 3. Major Change of Use Permit Use changes approved by the Board of Aldermen shall be processed in accordance with the provisions for a "Major Change of Use Permit Application". C. ' Minimal Change of Use Permit This section sets out the required review procedures and review criteria for a minimal change of use permit application Application Submittal Requirements All minimal change of use permit applications shall include the following: a. A completed application form. b. A non - refundable fee as established in Section 1110. Schedule of Fees. C. Map depicting the general location of the subject property and all sucxounding property within 100 feet, including names of adjacent property owners. d. Description of the change and sitejncluding the number of parking stalls, loading areas, driveways, and size of buildings. e. Copies of tax certificates from the County. 50 Proposed Use Prior Use Tier I Tier II Tier III Tier I Administrative Planning and Zoning Board of Aldermen Commission Tier II Planning and Zoning, Planning and Zoning Board of Aldermen Commission Commission Tier III Board of Aldermen Board of Aldermen Board of Aldermen 1. Minimal Change of Use Permit: Use changes approved administratively shall be processed in accordance with the provisions for a "Minimal Change of Use Permit Application". 2. Minor Change of Use Permit Use changes approved by the Planning and Zoning Commission shall be processed in accordance with the provisions for a "Minor Change of Use Permit Application ". 3. Major Change of Use Permit Use changes approved by the Board of Aldermen shall be processed in accordance with the provisions for a "Major Change of Use Permit Application". C. ' Minimal Change of Use Permit This section sets out the required review procedures and review criteria for a minimal change of use permit application Application Submittal Requirements All minimal change of use permit applications shall include the following: a. A completed application form. b. A non - refundable fee as established in Section 1110. Schedule of Fees. C. Map depicting the general location of the subject property and all sucxounding property within 100 feet, including names of adjacent property owners. d. Description of the change and sitejncluding the number of parking stalls, loading areas, driveways, and size of buildings. e. Copies of tax certificates from the County. 50 Proof of ownership or control of the property or permission from the property owner; 2. Review and Action — Director of Planning and Economic Development: The Director of Planning and Economic Development or their designees and any other necessary City staff shall review the minimal change of use permit application within a reasonable time after the filing of the application. After reviewing the minimal change of use permit application the Director of Planning and Economic Development or their designees shall approve, approve witl conditions or deny the application. Review Criteria: In reviewing all minimal change of use permit applications, the reviewing bodies shall consider the review criteria set forth in Section 180. Q. Review Criteria for Considering Applications. D. Minor Change of Use Permit This section sets out the required review procedures and review criteria for a minor change of use permit application. Pre-Application Conference Before submitting a minor change of use permit application, the applicant shall have a pre - application conference as specified in Section 180.B: Pre Application Conference. 2. Application Submittal Requirements All minor change of use permit applications shall include the following: a. A completed application form. b. A non - refundable fee as established in Section 1110. Schedule of Fees. C. Map depicting the general location of the subject property and all surrounding property within 100 feet, including names of adjacent property owners. d. Description of the change and site including the number of parking stalls, loading areas, driveways, and size of buildings. e. Copies of tax certificates from the County. Proof of ownership or control of the property or permission from the property owner. Review and Report — Director of Planning and Economic Development The Director of Planning'and Economic Development or their designees shall prepare a staff report that reviews the minor change of use permit in light of the review criteria set forth in Section 180. Q. Review Criteria for Considering Applications. The Director or their designees shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least 5 days before the scheduled Planning and Zoning Commission meeting. 51 4. Review and Action — Planning and Zoning, Commission: The Planning and Zoning Commission shall review the proposed minor change of use permit application within 60 days of the date that a complete application is filed. After reviewing the application, the Planning and Zoning Commission shall table, or approve, approve with. modifications or deny the application. 5. Review Criteria: In reviewing all minor change of use permit applications, the reviewing bodies shall consider the review criteria set forth in Section 180. Q. Review Criteria for Considering Applications. E. Major Charing of Use Permit This section sets out the required review procedures and review criteria for a major change of use permit application. 1. Pre - Application Conference ' Before submitting a major change of use permit application, the applicant shall have a pre - application conference as specified in Section 180.B. Pre Application Conference. 2. ApRlication Submittal Requirements All major change of use permit applications shall include the following: a. A completed application form. b. A non - refundable fee.as established in Section 1110. Schedule of Fees. C. Map depicting the general location of the subject property and all surrounding property within 100 feet, including names of adjacent property owners. d. Description of the change and site including the number of parking stalls, loading areas, driveways, and size of buildings, and any development plans, landscape plans and building elevations as may be deemed necessary by the Director of Planning and Economic Development or their designees. e. Copies of tax certificates from the County. f. Proof of ownership or control of the property or permission from the property owner. 3. Review and R Mort — Director of Planning and Economic Development The Director of Planning and Economic Development or their designees shall prepare a staff report that reviews the major change of use permit in light of the review criteria set forth in Section 180.Q. Review Criteriafor Considering Applications. The Director or their designees shall provide a copy of the report to the Planning and Zoning Commission and the applicant at least 5 days before the scheduled Planning and Zoning Commission meeting. 4. Review and Recommendation — Planning and Zoning Commission: The Planning and Zoning Commission shall review the major change of use permit application within 60 days of the date that a complete application is filed. After reviewing the 52 T. 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 action and proceedings to the Board of Aldermen. _ Review and Action — Board of Aldermen The Board of Aldermen shall review the major change of use permit application within 30 days of the Planning and Zoning Commission's recommendation. After reviewing the application, the Board of Aldermen shall act to table, approve, approve with modifications or deny the proposed change of use permit. 6. Review Criteria: In reviewing all major change of use permit applications, the reviewing bodies shall consider the review criteria set forth in Section 180. Q. Review Criteria for ConsidermgApplications. SECTION 280. VACATION APPLICATIONS This section sets out the required review procedures and review criteria for vacations. A. 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. B. Pre - Application Conference Before submitting a vacation application, the applicant shall have a pre - application conference as specified in Section 180.B. Pre Application Conference. C. Application Submittal Requirements All vacation applications shall include the following: A completed application form. 2. A non - refundable fee as established in Section 1110. Schedule of Fees. Legal description of the area to be vacated. 4. Map depicting the general location of the subject property and all surrounding property within 100 feet, including names of adjacent property owners. 5. Description of the proposal. 6. 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 timefiame 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 Planning and Economic Development The Director of Planning and Economic Development or their designees shall prepare a staff report that reviews the vacation application in light of the review criteria set forth in Section 180.Q. Review Criteriafor Considering Applications. The Director or their designees shall provide a 53 copy of the report to the Board of Aldermen and the applicant at least 5 days before the scheduled Board of Aldermen public hearing. E. 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. F. Review Criteria: In reviewing all vacation applications the reviewing bodies shall consider the review criteria set forth in Section 180.Q. Review Criterla for Considering Applications. SECTION 290. VARUINCE APPLICATIONS This section sets out the required review procedures and review criteria for variance request to the Board of Zoning Adjustment. A. Pre - Application Conference Before submitting a variance application, the applicant shall have a pre- application conference as specified in Section 180.B: Pre Application Conference. B. Anvlication Submittal Requirements All variance applications shall include the following: 1. A completed application form. 2. A non - refundable fee as established in Section 1110. Schedule of Fees. �. 3. Legal description of the property. 4. Written description of and justification for the request. 5. Any development plans, site plans, building plans or elevations, or other plans that may be necessary for a complete review. 6. 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 timeframe 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 Planning and Economic Development The Director of Planning and Economic 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 provide a copy of the report to the Board of Zoning Adjustment and the applicant at least 5 days before the scheduled Board of Zoning Adjustment public hearing. D. Review and Action — Board of Zoning Adjustment: The Board of Zoning Adjustment shall hold a public hearing on the requested variance within 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 54 Zoning Adjustment shall be accompanied by a written finding of face, based on sworn testimony and evidence, specifying the reason for granting or denying the variance. E. Conditions for Approval (All Variance Applications ): In order for the Board of Zoning Adjustment to approve a variance, the application must prove the following: 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. 2. The strict application of the subject provisions will constitute unnecessary hardship to the applicant. 3. The granting of the variance will not adversely affect the rights of adjacent property owners or residents. 4. The granting of the variance will not adversely affect the public health, safety, morals or general welfare of the community. 5. 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. F. 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 (%) 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 (' /z) acre, the technical justification required for issuing the variance increases. 1. The granting of the variance will not preclude a structure's continued designation as an 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 the minimum necessary to preserve the historic character and design of the structure. 2. The variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 3. The variance is the minimum necessary, considering the flood hazard, to afford relief. 4. 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. G. 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: 55 1. The danger that materials may be swept onto other lands to the injury of others. 2. The danger to life and property due to flooding or erosion damage. 3. The susceptibility of a proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 4. The importance of the services provided by the proposed facility to the community. 5. The necessity to the facility of a waterfront location, where applicable. 6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. 7. The compatibility of the proposed use with existing and anticipated development. 8. The relationship of the proposed use to the comprehensive master plan and flood plain management program for that area. 9. The. safety of access to the property in times of flood for ordinary and emergency vehicles. 10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. 11. 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. H. 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. . I. 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. 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. K. Notification (Flood Hazard and Levee Critical Area Reolations) If a variance to the regulations pertaining to the Flood Hazard and Levee Critical Area is granted, the Director of 56 7 Planning and Economic Development or their designees shall notify the applicant in writing that: ' 1. 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 $25 for $100 of insurance coverage. 2. Such construction below the base flood level increases the risk to life and property. SECTION 300. APPEALS OF AMU NISTRATIVE 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. A. 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 b an administrative official of the City in the administration or enforcement of this Ordinance. ' B. Right to Appeal Appeals to the Board of Zoning Adjustment may be filed by any person aggrieved, or by an officer, department, board or bureau of the City affected by any interpretation or decision of the administrative official. C. Application Submittal Requirements .All applications for appeal shall include the following: A completed application form. 2. A non - refundable filing fee as established in Section 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. 3. Written description of and justification for the request. 4. Any development plans, site plans, building plans or elevations, or other plans that may be necessary for a complete review. 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 timeframe 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. Time of Filing Appeal An appeal shall be taken within 10 days from the interpretation or decision being appealed. E. Effect of Filing 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, 57 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. F. Review and Re ,p ort Director of Planning and Economic Development The Director of Planning and Economic 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. G. 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. H. Review Criteria - Findings of Fact 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. SECTION 310. APPkALS TO THE ciRcu T COURT Any person or persons, jointly or severally aggrieved by any decision of the Board of Zoning Adjustment, 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 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 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 pf 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 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. I� 58 .. 1 i, - -- — �– I F ARTICLE IV: ZONING DISTRICTS SECTION 320. R -1 SINGLE -FAWLY RESIDENTIAL DISTRICT A. ose 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 410: Use Table. C. Property Development Standards Each lot in the R -1 District shall be subject to the following property development standards: Minimum Lot Size 10,000 square feet, exclusive of buffer areas as required in Section 530.E. 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 Coverage 35% of the lot Maximum Structure Height 35 feet Minimum Unit Size 1,500 s.f. 1,000 s.f on main floor SECTION 330. R -2 TWO- FAMILY_RESIDENTL4L DISTRICT A. se: 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 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: Minimum Lot Size Lot sizes are exclusive of buffer areas as required in Section 530.E: Right -of -Way and Transition Buffers. Single-family detached 8,000 square feet Single-family attached 4 square feet per unit Two-family/ duplex 8,000 square feet 4,000 square feet per unit Other uses 10,000 square feet Minimum Lot Width 75 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 Coverage 35% of the lot' Maximum Structure Height 135 feet 59 SECTION 340. R-3 MULTIPL'E- FANIILY RESIDENTIAL DISTRICT A. ose: The R -3 Multiple - Family District is intended primarily to accommodate low -rise residential development at moderate densities. The R-3 District can be an appropriate classification within established neighborhood areas, including those containing two - family and single - family dwellings, provided sound site planning techniques are 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 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 hire development or individual duplex and single - family dwellings: Minimum Lot Size Lot sizes are exclusive of buffer areas as required in Section 530.E: Pight-of-Way and Transition Buffers. Single-family detached 5,000 square feet Single-family attached 3 square feet per unit Two-family/ du lex 5,000 square feet 2,500 square feet per unit Multi - family 1,500 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 7,500 square feet Minimum Lot Width 50 feet Minimum Front Setback 25 feet Minimum Side Setback 5 feet, except comer lots shall allow 15 feet Minimum Rear Setback 20 feet Maximum Building Coverage 40% of the lot Maximum Structure Height 45 feet D. Multi - Family Design and Performance Standards Multi - family development shall be subject to the provisions of Article VII.• General Development Standards. SECTION 350. CPO CIVIC AND PROFESSIONAL OFFICE DISTRICT A. P se : The CPO Civic and Professional Office District is intended to promote the development of professional offices, civic uses and accessory supporting uses in an area that is more destination oriented. The CPO District is intended to incorporate designs and uses that not only facilitate efficient and attractive working conditions, but also provide places for employees to socialize and recreation. The CPO District also aims to locate business and personal services within the district to provide for a high degree of walkability. B. Uses: Uses shall be allowed in the CPO District in accordance with Section 410: Use Table. C. Property Development Standards Each site in the CPO District shall be subject to the following property development standards. .1 l_ Minimum Lot Size None Minimum Lot Width None Minimum Front Setback 10 feet Minimum Side Setback 10 feet, 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 20 feet Maximum Building Cove a 75% of the lot Maximum Structure Height 50 feet D. Design and Performance Standards Development within the CP-O District shall follow the provisions of Article VII.• General Development Standards. SECTION 360. C -1 COMMERCIAL DISTRICT A. se: 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 410 Use Table. C. Property Development Standards Each site in the C -1 District shall be subject to the following property development standards. Minimum Lot Size None Minimum Lot Width None Minimum Front Setback 5 feet Minimum Side Setback 5 feet, 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 20 feet Maximum Building Coverage 75% of the lot Maximum Structure Height 45 feet D. Design and Performance Standards Development within the C -1 District shall follow the provisions of Article VH.• General Development Standards. SECTION 370. I INDUSTRIAL DISTRICT A. se: 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 410. Use Table. C. Property Development Standards Each site in the District shall be subject to the following property development standards. Minimum Lot Size 10,000 square feet 61 A Minimum Lot Width 100 feet Minimum Front Setback 25 feet Minimum Side Setback 15 feet Minimum Rear Setback 20 feet Maximum Building Coverage 85% of the lot Maximum Structure Height 45 feet, 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 VY General Development Standards. SECTION 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 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 consistent with the existing zoning in compatible arrangements that give the home occupant greater choice in selecting types of environment and living units. 4. Clustering of 1 residential type for better use of land and open space, as long as the resultant density per acre does not exceed the allowed density of the applicable zoning district prior to rezoning to P.D. 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 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. 62 i _ 4 .. -- -- -r -. 1. Primary residential uses Planned developments which incorporate a variety of dwelling types shall noA exceed the designated density allowed in the existing zoning of the entire tract. Planned developments which incorporate 1 type of residential unit only shall not exceed the density allowed in the district under which that type of residential unit would typically be developed. 2. Secondml non- residential uses Non - residential uses of a religious, public or semi - public, cultural or recreational character shall be permitted in residential districts as allowed in the underlying zoning district. Such non - residential uses shall be compatible with and secondary to the primary residential use. 3. Commercial and industrial uses Planned developments in commercial or industrial zones may incorporate a combination of retail, commercial, or industrial uses within the parameters of the underlying zoning district. C. Zoning _ProptM_ 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 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 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, stormwater 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. Ooen 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. 63 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 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., dlong 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. Maximum 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. The maximum net density for the entire tract shall not exceed the allowable density established by the applicable zoning of the land per acre. The single - family area shall not exceed 2.74 units per acre. 7. Minimum Size A PD District shall contain a minimum of 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 flood plain 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: . eUnii �tsAttached n a Minimum Floor Area Famil 900 s . ft. ound floor/ 1,500 s . ft. total 800 s . ft. and floor/ 1,200 s . ft. total 1,100 . ft. d 1,000 scl. ft. 4 Units Attached 1,000 s . ft. average of all units/ 850 s . ft. minimum More than 4 Units Attached 1,000 s . ft. avers a of all units/ 750 s . ft. minimum F. Failure to BeWn Development If no substantial construction has begun or no use established in the planned development within a 12 -month period from the date of approval of the final development plan, or been initiated in subsequent phases of the development within 12 64 ir. 1 f months of the approved phasing schedules, the proposed development shall be republished for public hearing and reconsid$ ration 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 250: Development Plan Applications. SECTION 390. GP GENERAL PLANNED DEVELOPMENT DISTRICT A. Purpose and Intent: The General Planned Development District was intended to better ensure that development of land in blighted areas is generally 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 in existence 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 380. PD Planned Development District. In no event shall the following improvements and alterations be approved without rezoning the property: 1. A 10% or greater increase in building height. .2. A 10% or greater increase in floor area, building coverage, or impervious surface. 3. A 10% decrease in open space. SECTION 400. USE REGULATIONS A. Permitted Oy -&&fi: 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 Ordinance. 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 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 Ordinance. C. Not Permitted Uses identified in a zoning districtt:olumn 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 Ordinance. 65 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 or more of the districts that such use is allowed. The specific regulations of each "condition" appear in Article Y. 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. SECTION 4W, USE TABLE Residential Uses in Residential & Planned Districts Conditions (See R -1 R-2 R 3 PD Section 430 Animals P' P P A Da Care, Ltd 1 -10 P P P P B Du lex Accessory Residential P P P A Group Home, Ltd. 1 -7 P P P P C Modular Home P P P P D Multi-Family P P P P E Patio Home P P P P S Sin a -Famil , Attached P P P F Sin le -Famil Detached P P P P D , S Bank/ Financial Institution P P = Permitted; S = Special Use Permit required; shaded boxes = non- periuiu.vu USCS 01— Nonresidential Uses in Business & Planned Districts Conditions (See CPO C -1 I PD Section 440 Accessory Residential P P A Adult Entertainment Establishment S B Agricultural Processing S Agricultural Sales/ Service P P Agriculture, General S P C Airp ort or Airstrip S P Animal Care, General P P D Animal Care, Ltd. P P P D Asphalt or Concrete Plant S Bank/ Financial Institution P P Bar or Tavern P E Basic Indus P 9i; Cabinet/ C Sho S P Cam ound P Car Wash P Charitable Institutions P S P 1 Club, Private P P College or University P ,P P P Communication Tower S S S G Compost Facility S P H Convenience Store ma include gasoline sales P P P I I I e T Vocational School S p p Warehousm Residential Storage mini -sto e p p Warehousing/ Wholesale p p Welding/ Machine Shop p S P = Permitted; S = Special Use Permit required; shaded boxes = non - permitted uses or no conditions Uses allowed in Residential Business and Planned Districts R -1 R -2 R -3 CP-O C -1 I PD Conditions (See Section 450 Assisted Living Cemetery S S S S S P A 67 CPO C -1 I PD Cultural Service p p p p Fireworks sales & Wholesale p p p J Flextech p p Food/ Bake Product Manufacturing p p Freight Terminal p p Funeral Home S p p Gamin Casinos & Associated Facilities p K Gas & Fuel Storage S General Contractor Construction Services P p Government Service p p p p Hazardous Operation S S O F Health & Recreation Club, Private Facilities P P P P Heliport or Heli ad p p Hospital S P P Hotel or Motel S p p Kennel 3 S P P D Laundry Service p p Manufacturing Assembly p p Medical Service p p p p Modular Units as Temporary Facilities S S S L Office, General p p p Pawn Sho Payday Loan Operation Printing & Publishing p p Post Office p p Recreation & Entertainment door &Outdoor S S ! Re air Service p p Restaurant - P E Retail Sales and Service p p Service Station, Truck Sto S Tattoo Parlor 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 Warehousm Residential Storage mini -sto e p p Warehousing/ Wholesale p p Welding/ Machine Shop p S P = Permitted; S = Special Use Permit required; shaded boxes = non - permitted uses or no conditions Uses allowed in Residential Business and Planned Districts R -1 R -2 R -3 CP-O C -1 I PD Conditions (See Section 450 Assisted Living Cemetery S S S S S P A 67 SECTION 420. CHANGE OF USE No change shall be made in the use or type of occupancy of an existing building, structure, or facility, unless a change of use permit authorizing such change is issued. A change of use permit shall be submitted and reviewed in accordance with Section 270: Change of Use Permit Applications. A change of use permit may be approved by the Director of Planning and Economic Development, the Planning and Zoning Commission or the Board of Aldermen based on the prior use and the intensity of the proposed use. The following tables identify the use types and approval authority. Tvnes of Use Table Use Tier I.Uses Single Family Detached, Bank/Financial Institution, Flextech, Medical Service, Tier II General Office, Printing & Publishing, Post Office, Retail Sales and Service Tier II Uses Conditions (See R-1 R -? R -3 CP -O C -1 Store, Cultural Service, Food/Bakery Product Manufacturing, Freight Terminal, PD Section 450' 'Convalescent Care S S P P S Agricultural Processing/Sales/Service, Airport, Asphalt/Concrete Plant, P B Da Care, Commercial Fuel Storage, Hazardous Operation, Transitional Living Center, S Vehicle/Equipment Repair or Storage, Warehousing, Welding/ Machine Sho S P P C Golf Course S S S S S P D Group Home Gen 8+ S S P P E Parks & Recreation, Public P P P P P P Religious Assembly P P P P P .P F Safe Service P P P P P P Schools — Elementary, P P P P S S AP Middle or Hi Utility, Major S S S S S S Utility, Minor P P P P P P P = Parm;4fwl- c = crwrinl TT-.P. Permit rennired- shaded boxes = non - nermitted uses or no conditions SECTION 420. CHANGE OF USE No change shall be made in the use or type of occupancy of an existing building, structure, or facility, unless a change of use permit authorizing such change is issued. A change of use permit shall be submitted and reviewed in accordance with Section 270: Change of Use Permit Applications. A change of use permit may be approved by the Director of Planning and Economic Development, the Planning and Zoning Commission or the Board of Aldermen based on the prior use and the intensity of the proposed use. The following tables identify the use types and approval authority. Tvnes of Use Table The decision - making body for a Change of Use Permit shall be in accordance with the following: f'hanae of Hgp. Permit A pproval Table Use Tier I.Uses Single Family Detached, Bank/Financial Institution, Flextech, Medical Service, Tier II General Office, Printing & Publishing, Post Office, Retail Sales and Service Tier II Uses Single Family Attached, Multi- Family, Animal Care, Bar or Tavern, Basic Planning and Zoning Industry, Cabinet/ Carpentry Shop, Car Wash, Charitable Institutions, Construction Service (General Contractor), Convalescent Care, Convenience Commission Store, Cultural Service, Food/Bakery Product Manufacturing, Freight Terminal, Tier II Government Service, Health and Recreation Club, Hospital, Hotel or Motel, Planning and Zoning Kennel, Laundry Service, Manufacturing Assembly, Religious Assembly, Repair Service, Restaurant, Schools Tier III Uses Agricultural Processing/Sales/Service, Airport, Asphalt/Concrete Plant, Tier III Campground, Communication Tower, Compost Facility, Funeral Home, Gas & 1 Board of Aldermen Fuel Storage, Hazardous Operation, Transitional Living Center, Vehicle/Equipment Repair or Storage, Warehousing, Welding/ Machine Sho The decision - making body for a Change of Use Permit shall be in accordance with the following: f'hanae of Hgp. Permit A pproval Table 68 T . T Proposed Use Prior Use Tier I Tier II Tier III Tier I Administrative Planning and Zoning Board of Aldermen Commission Tier II Planning and Zoning Planning and Zoning Board of Aldermen Commission Commission Tier III I Board of Aldermen 1 Board of Aldermen Board of Aldermen 68 T . T ARTICLE V: ADDITIONAL REGULATIONS ("CONDITIONS") SECTION 430. ADDITIONAL REGULATIONS ("CONDITIONS") FOR RESIDENTIAL USES ALLOWED IN RESIDENTIAL & PLANNED DISTRICTS The additional regulations ( "conditions ") of this section shall apply to permitted, special use and accessory uses as noted in Section 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 10, unless otherwise provided for herein. 3 Age: Animals under the age of 12 weeks shall not count towards the total number of animals kept. 4. Domesticated Cats and Does The total number of domesticated cats and dogs kept on an individual lot shall not exceed 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 1 acre in size. b. Size of Livestock If the livestock animal weighs more than 10 pounds, the number of that particular animal shall be limited to 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 1 acre in size and the stable is located a minimum of 100 feet from any side lot line and a minimum of 35 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 490.B. 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.' Z 1. Spacing A group home shall not be located within 1,320 feet of another group (� home, measured at the 4hortest 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. 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. Develg2Ment Plan Review Multi - family development shall be subject to Development Plan Review in accordance with the procedures of Section 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, window rows 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 15 feet. 6. Lot Coverage: Each site shall be designed to reflect unique site characteristics and strong neighborhood environments without overcrowding the site. 70 7. Access: All multi - family residential developments must have direct vehicular access to collector, arterial or Wgher classification streets. 8. Open Space: Open space shall be provided to meet active and passive use requirements of the neighborhood. At least 10 percent of the total site area shall be set 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. 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 streets should provide for safe operation of vehicles within the neighborhood. Excessively straight and wide streets encourage high speed traffic and should be avoided. Curvilinear designs, reduced street widths and cul -de -sacs create stronger neighborhood environments. b. Parking Area Lam 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. 71 C. Landsoging 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 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 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 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 side. ' 72 SECTION 440, ADDITIONAL REGULATIONS ("CONDITIONS') FOR - NONRESIDENTIAL USES ALLOWED IN BUSINESS & PLANNED DISTRICTS The additional regulations ( "conditions ") of this section shall apply to permitted, special use and accessory uses as noted in Section 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. Residential uses shall be clearly incidental to the principal use. 2. Residential uses shall be located on the second floor or above. 3. There shall be a separate otrtside entrance for the residential use. B. Adult Entertainment Establishment 1. Adult entertainment establishments shall be in compliance with the regulations of Chapter 622 of the City Municipal Code. 2. Business License An application for an adult business license pursuant to Chapter 622 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 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 No adult entertainment establishment shall be allowed to locate, or expand to, within 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. No adult entertainment establishment shall be allowed to locate, or expand to, within 500 feet of any business licensed to sell or serve alcohojic 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 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. 73 7. Frontage: The property on which the adult business is located shall have a minimum of 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 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 10 feet for all other property lines. 9. Off - Street Parking: All off-street parking serving the business shall conform to this Ordinance. Off - street parking shall be provided at a ratio equal to that required for other comparable commercial businesses. 10. Parking Area Li 19M Lighting with a minimum light level of 0.25 footcandles must be provided over the entire parking area, but in no point shall the light level exceed 3.0 footcandles, 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 semisolid fence or hedge not more than 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 partially or totally outside the building. No flashing lights and/ or lighting which leaves the impression of motion or movement shall be permitted 13. SM : Adult entertainment establishments shall be limited to 1 wall- mounted sign no greater than 1 square foot of sign per linear foot of wall length, not to exceed a total of fifty 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 VHI- Signs. C. Agriculture, General: General Agriculture shall require a minimum site area of 3 acres. D. Animal Care General and Limited and Kennels: All outdoor animal runs, pens or enclosures shall be located at least 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 25 feet. Kennels shall require a minimum lot size of 3 acres. I 74 T E. Bar or Tavern and Restaurant: All bars or taverns and restaurants serving alcoholic beverages shall be in compliande 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. ApRlicability 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 PrgpM 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 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 Ordinance shall not be required to meet the requirements of this Section, other than the requirements of Section 440.G.2.& 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 sitting 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 minimize the adverse visual impact of the towers and antennas. 75 5) Enhance the ability of the providers of telecommunications services to provide 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 Planning and Economic Development or their designees an inventory of its existing towers that are either within the jurisdiction of the governing authority or within one - quarter (' /a) 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 440.G.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 - -Li hting 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 cn 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 W, 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 Planning and Economic 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 brnig such towers and antennas into compliance with such revised standards and regulations within 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 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the City may remove such tower at the owner's expense. h. Setbacks and S,Wration 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 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' P', towers over 90 feet in height shall not be located within 1 mile from any existing tower that is over 90 feet in height. ' Security Fencing Towers shall be enclosed by security fencing not less than 6 feet in height and shall also be equipped with an appropriate anti- climbing 77 device, provided however, that the City may waive such requirements, as it deems appropriate. Landsoapin¢. 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 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. Administrative Approvals a. General 1) The Director of Planning and Economic Development or their designees may administratively approve the. uses listed in this section, provided that all such uses shall comply with Section 440.G.2: General Guidelines and Requirements and all other applicable ordinances. 2) Each applicant for administrative approval shall apply to the Director of Planning and Economic Development or their designees, providing the information set forth in Sections 440.G.4.b and d.• Information Required and Availability of Suitable Existing Towers and Other Structures. 3) The Director of Planning and Economic Development or their designees shall respond to each such application within 60 days after receiving it by, either approving or denying the application. 4) In connection with any such administrative approval, the Director of Planning and Economic Development or their designees may, in order to encourage shared use, administratively adjust any zoning district setback requirements by up to 10 percent. 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. �ecific Administratively Approved Uses The following uses may be approved by the Director of Planning and Economic Development or their designees after conducting an administrative review: 78 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' P' 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 20 feet. 2) Installing an antenna on an existing structure other than a tower (such as a building, sign, fight pole, water tower, or other freestanding non - residential structure), so long as such addition does not add more than 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 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 440.G.3: Administrative Approvals, thin 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 m inimize 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 and.other supporting drawings, 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 1 or more of these criteria if the Board 79 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. 3) Nature of uses on adjacent and nearby properties. 4) Surrounding topography. 5) Surrounding tree coverage and foliage. 6) Design of IN tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. z 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. 80 T 1 . - - -- 7 f 5. Notice of Abandoned Antennas and Towers Any antenna or tower that is not operated for a continuo0s period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 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 90 days, the City may remove -such antenna or tower at the owner's expense. If there are 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 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 vehicle entrance shall be allowed for each 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 structure on the site. The bins shall be completely screened from view from off -site. 4. Setbacks: Structures shall be set back at least 100 feet from all lot lines and at least 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 1,000 feet of a residentially zoned district. 6. P83i Z : 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 Stormwater Management Plan may be required at the discretion of the Director of Planning and Economic 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. 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 ": 81 1. Traffic Studv A traffic study shall be required for all automotive service stations that derive access from" n arterial street or a collector where the nearest driveway is within 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 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 semisolid fence or hedge not more than 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. Firework Sales and Wholesale: 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 680.C. Fireworks Sales Signs. K. Gaming Casino and Associated Facilities: Gaming casinos and associated facilities shall be subject to the following standards: Minimum distance to lot lines Any area to be used by the gaming casino and associated facilities shall be a minimum of 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. 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 4 -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. 82 T, 1 .. 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 (' /z) 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 500.x.• Off - Street Parking and Loading Area Design Standards. 8. Other Rego ation 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 may be 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 80 db (A) from 11:00 P.M. until 7:00 A.M.'Sunday through Thursday, and from 12:00 A.M. until 8:00 A.M. Friday and Saturday. This noise 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 CATV cables shall be located underground. 83 16. Sewage & 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 Hvdrants 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 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 230: Special Use Permit Applications. M. Transitional Living Centers: Transitional living centers shall be subject to the following standards. 1. Size: A maximum of 10 persons, including staff, shall reside in the center at one time. 2. Soaration No transitional living center shall be located within 1,500 feet of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within 300 feet of any religious assembly, school, park, licensed child care facility, or residentially zoned property. N. Vehicle/ & WRment 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 530: Landscaping and Buffering. I\ 84 SECTION 450. ADDITIONAL REGULATIONS (`CONDITIONS") FOR USES AVOWED IN ALL DISTRICTS The additional regulations ("conditions ") of this section shall apply to permitted, special use and accessory uses as noted in Section 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 traffic 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 semisdlid fence or hedge not more than 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. B. Convalescent Care A minimum of 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 1 car per 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. Golf Courses: 1. Location of Restaurants Facilities such as restaurants and bars shall be allowed when an integral part of a principal clubhouse building, provided that restaurant signage not exceed 6 feet in height and is not illuminated. 2. Location of Recreation Facilities Buildings, swimming pools, tennis courts and similar recreational facilities shall be set back at least 25 feet from any property line abutting a residentially zoned property. E. Group Home. General Group Homes shall be subject to the following standards when located in an R-3 district. Spacing A Group Home to be located within an R -3 district shall not be located within 1,320 feet of another Group Home, measured as the shortest distance between any portion of the structure where persons reside. - 85 F. 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. 86 T ARTICLE VI: ACCESSORY USES AND STRUCTURES SECTION 460. RESIDENTLU 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 Ordinance. Residential accessory uses and structures shall include, but not be limited to, the following: A. Decks, patios, porches and other non - enclosed structures abutting the residential structure. B. Fences and walls subject to Section 560: Fences. C. Garages and off - street parking and loading areas. D. Gardens. E. Gates and guard houses. F. 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. G. Home occupations subject to Section 490.B. Home Occupations. H. Playhouses, cabanas, gazebos and incidental household storage buildings. I. , Pools. Private swimming pools having a water depth of 3 feet or more are permitted, providing the following conditions are met: 1. A building permit is obtained. 2. The pool is located a *minim of 10 feet from any rear lot line or side lot line, and in the case of corner lots, a minimum of 15 feet from the side lot line and a minimum of 20 feet from a principal building on an adjoining lot. 3. Private pools shall not extend forward beyond the established front building line. J. Radio and television receiving antennas, non - commercial broadcast radio towers, and support structures, subject to Section 520.D.2 Exemptions from Height Standards. K. Recreational and play facilities for residents. L. Recycling enclosures. M. 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 87 recreational vehicles or equipment shall be asphalt or concrete. Stored vehicles or equipment shall not protrude onto public p#operty 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 14 days in a calendar year. N. Storm shelters and fallout shelters. O. Other necessary and customary uses and structures determined by the Director of Planning and Economic Development or their designees to be appropriate, incidental and subordinate to the principal use or structure on the lot, subject to compliance with any development and performance standards imposed by the Director of Planning and Economic Development or their designees to ensure land use compatibility. SECTION 470. PROHIBITED ACCESSORY USES AND STRUCTURES The following shall-not be permitted as an accessory use or structures: A. Carports. B. Outdoor storage or overnight parking in a residential district of trucks, any contractor's equipment and buses having a hauling capacity of more than 1 ton, excluding pick -up trucks and recreational vehicles. C. Outdoor storage, except as specifically permitted in the district regulations. SECTION 480. NO NRESIDENTAL ACCESSORY USES AND STRUCTUR Permitted nonresidential 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 customgrily associated with, and appropriate, incidental and subordinate to the principal nonresidential uses and structures allowed in zoning districts. Nonresidential 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 Ordinance. Nonresidential accessory uses and structures shall include, but not be limited to, the following: A. Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients or visitors to the principal use; B. Dwelling units when used or intended to be used for security or maintenance personnel; C. Fences and walls, subject to Section 560: Fences. D. Gates and guard houses; E. Offices for allowed businesses and industrial uses when the office is located on the same site as the principal use; F. Parking garages and off - street parking areas; 88 G. Radio and television receiving antennas, non - commercial broadcast radio towers, and support structures subject to Section 520,.D.2: Exemptions from Height Standards. H. Recycling enclosures; Restaurants, newsstands, gift shops, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building; Sales of goods produced as part of allowed industrial activities when on the same site as the principal industrial use; K. The storage of merchandise when located within the same building as the principal business; and, L. Other necessary and customary uses and structures determined by the Director of Planning and Economic Development or their designees to be appropriate, incidental and subordinate to the principal use or structure on the lot, subject to compliance with any development and performance standards imposed by the Director of Planning and Economic Development to ensure land use compatibility. SECTION 490. ACCESSORY USE AND STRUCTURE DEVELOPMENT AND OPERATIONAL STANDARDS The following standards shall apply to all accessory uses and structures unless otherwise specifically provided: A. All Accessory Uses and Structures 1. Yard Location All accessory structures shall be located in the rear yard with the exception of the following: a. Allowed in Front Yard Fence, wall, non - enclosed off - street parking and loading areas (driveways), gardens, gates and guard houses. b. 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. 2. 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. 3. Rear Setback Accessory structures shall not be required to comply with the rear setback standard that applies to principal uses. Accessory structures, other than fences, walls, off - street parking and loading areas (driveways), gardens, gates and guard houses, shall, however, be set back a minimum of 10 feet from rear lot lines and side lot lines. 89 4. Side Setback No accessory structure, other than a fence, wall, non - enclosed off- street parking and loadiyig area (driveway), garden, gate or guard house, shall be located within a required side setback. 5. Setbacks from Easements No accessory structure, other than a fence or 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 an accessory structure in an easement or over a known utility. 6. Height: No accessory structure shall exceed the maximum height standards of the zoning district, unless specifically authorized. Building Separation Unless attached to the principal structure, accessory structures shall be located at least 5 feet from any other structure. 8. Building Coverage or Building Size In residentially zoned districts the maximum combined size for all accessory structures on a lot shall be 900 square feet total. The mhximum wall height for an accessory structure in a residentially zoned district shall be 9 feet. 9. Number of Buildings A maximum of 2 detached accessory buildings shall be permitted per lot in residentially zoned district. 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. -' 10. Architectural Standards: Metal facades are prohibited on accessory structures. B. Home Occupations: Home occupations shall be allowed as an accessory use in any residential zoning district, subject to the standards of this section. 1. Location and Size Home occupations shall be operated entirely within the principal residential building and shall not occupy more than 25% of the total floor area of the principal residential building. 2. 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 700.A: Home Occupation Signs. Specifically, no outdoor storage of materials or equipment shall be permitted in conjunction with a home occupation. 3. EmRigyees No person shall be engaged in such home occupation other than a person occupying such dwelling unit as their residence, provided that in the case of a Limited Day Care Facility, one assistant not residing in the home shall be allowed. 4. Operational Standards Home occupations shall be subject to Section 540: Operational Performance Standards. 5. 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. In no event shall required setbacks be used for off - street parking to serve a home occupation. r't T t 1 _ r— —T - 7 '. 6. On -Site Product Sales No products shall be sold directly to customers from the premises. 7. Prohibited Home Occupations In no event shall any of the following uses or activities be conducted as home occupations. (This list is for emphasis only and does not constitute an exhaustive list of prohibited activities): a. Funeral services. b. Hotel or motel. C. Medical offices. d. Meat or animal processing. e. Retail sales that involves direct product sales to customers from the premises. f. Tourist homes. I g. Vehicle or equipment sales, rental or repair. 51 ARTICLE VII: GENERAL DEVELOPMENT STANDARDS SECTION 5009 OFF STREET PARKING AND LOADING A. Aoylicability 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 or Schedule C. These schedules can be found following Schedule A. Off Street Parldng Schedule A ;"-� USE TYPE NUMBER OF SPACES RE Ul1tED RESGLivin USES Assi 1 dwellin unit Du 2 exterior per dwelling unit Group Home 1 per employee, plus 1 per four residents 1.25 per efficiency unit, plus 1.5 per one- bedroom unit, plus 2 spaces per two-bedroom Multi - Family and larger units. All required spaces shall be exterior unless otherwise approved by a development plan 1.25 per efficiency unit, plus 1.5 per one- ' bedroom unit, plus 2 spaces per two-bedroom Single - Family, Attached and larger units. All required spaces shall be exterior unless otherwise approved by a development plan Single-Family, Detached 2 exterior per dwelling unit PUBLIC, QUASI - PUBLIC AND COMMERCIAL USE Airp ort or Airstrip Spaces to be provided pursuant to Schedule C Animal Care, General 1 per 400 square feet Animal Care, Limited 1 per 300 square feet 1 per 200 square feet, plus stacking spaces per Bank or Financial Institution Section 500.L: Stacking Spaces for DrNe- Throu hs. Bar or Tavern 1 per 75 square feet Campground 1 ner cam in s---- Stacking spaces per Section 5001: Stacking Car Wash Spaces tbr Drive -7hrou hs. Cemetery S aces to be rovided ursuant to Schedule C Club, Private 1 per 4 persons capaci Convalescent Care 1 r 4 beds patient capacity, plus 1 per two 92 r 93 employees Convenience Store 1 per 200 square feet of retail space, plus stacking spaces per Section 500.L: Stacking Spaces for Drive -Throw hs. Cultural Service 1 per 500 square feet Day Care (Limited or Commercial) 1 per employee, plus 1 per ten cared for individuals at maximum occupanc Funeral Home 1 per four-person capacity, General Contractor, Construction Service Spaces to be provided pursuant to Schedule B Golf Course 4 per hole, plus spaces required for restaurant and bar area Government Service 1 per 300 square feet Health & Recreation Club, Private Facilities 1 per 200 square feet Hospital 1 per 4 beds patient capacity, plus 1 per two employees Hotel or Motel 1 per guest room, plus 1 per 10 guest rooms, plus required spaces for restaurant, assembly and other uses within hotel/motel. Medical Service 1 per 200 square feet Office, General 1 per 200 uare feet Parks and Recreation, Public Spaces to be provided pursuant to Schedule C Post Office Spaces to be provided pursuant to Schedule C Recreation and Entertainment, Indoor Theaters Other 1 per three seats 1 per 400 square feet Recreation and Entertainment, Outdoor Spaces to be provided pursuant to Schedule C Religious Assembly 1 per four seats Repair Service 1 per 400 square feet Restaurant, Fast Food 1 per 75 square feet of customer service or dining area, 1 per 200 square feet if no customer service or dining area, plus stacking spaces per Section 500.L: Stacking S aces or Drive -Throw hs. Restaurant, General 1 per 150 square feet for first 2,500 square ft., p lus 1 per 100 square ft over 2,500 square feet Retail Sales and Service 1- 30,000 square feet =1 per 200 square feet 30,001- 60,000 sq. ft. =1 per 250 square feet 60,001+ square feet = 1 per 300 square feet Safety Service Spaces to be provided pursuant to Schedule C School, Elementary, Middle or High Spaces to be provided pursuant to Schedule C Vehicle and Equipment Sales Spaces to be provided pursuant to Schedule B Vehicle/Equipment Storage Yard Spaces to be provided pursuant to Schedule C Vehicle Repair 5 per service ba Vocational School 1 per three students, plus 0.5 per faculty member at maximum occupanc Warehouse, Residential Storage 1 per ten storage bays or 1 per 500 square feet, whichever produces more spaces MANUFACTURING, INDUSTRY AND EXTRACTIVE USE Asphalt Concrete Plant 1 per employee Basic Industry Spaces to be provided pursuant to Schedule B 93 Compost Facility Spaces to be provided pursuant to Schedule C Food/Bakery Product Manufacturing ' 1 per 1,000 square feet or 1 per employee, whichever results in more spaces Freight Terminal Spaces to be provided pursuant to Schedule B . Gas and Fuel Sales Spaces to be provided pursuant to Schedule B Gas and Fuel Storage 1 per employee Hazardous Operation Spaces to be provided pursuant to Schedule B Laundry Service 1 per 500 square feet or l per employee, that results in more s aces Manufacturing and Assembly Spaces to be provided pursuant to Schedule B Printing and Publishing 1 per 1,000 square feet or 1 per employee Warehousing and Wholesale Spaces to be provided pursuant to Schedule B Welding or Machine Shop 1 per 1,000 square feet or 1 per employee, whichever results in more s aces AGRICULTURAL USES Agricultural Processing Spaces to be provided pursuant to Schedule B Agricultural Sales and Service Spaces to be provided pursuant to Schedule B Agriculture General I None C. Off - Street Parking Schedule B: Off-street parking spaces for Schedule B uses shall be provided in accordance with the following table. Parking is required for each of the component activities located on the lot. 9rhedule R USE TYPE NUMBER OF SPACES REQUIRED Office or administrative area 1 per 300 uare feet Indoor sales service or display area 1 per 500 square feet Outdoor sales, service or display area (3,000 square 1 per 750 square feet feet in area or less Outdoor sales, service or display area (over 3,000 square feet in area): • Motor Vehicles and Heavy Equipment 1 per 2,000 square feet Sales/Storage • Other Sales/Service/Display Sales/Service/Display 1 per 1,000 square feet [ Indoor storage, warehousing, equipment servicing 1 per 500 square feet or manufacturing area D. Schedule C: Schedule C uses have widely varying parking demand characteristics, making it impossible to specify a single off - street parking standard. A developer proposing to develop or expand a Schedule C use shall submit a parking study that provides justification for the number of off-street parking spaces proposed. The Director of Planning and Economic Development or their designees 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 gIE) and data collected for uses or combinations of uses that are the same or cbmparable 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 94 T 1 i reviewing the parking study, the Director or their designees shall establish a minimum off- street parking standard for the proposed use. E. Computing Off -Street Parking and Loading Requirements: 1. Muhl ile Uses Lots containing more than 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. 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. Emplovees. 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 ana 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 Planning and Economic 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. Off - Street Parking for Persons with Disabilities: 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 # of Parldng Stalls Required # of Accessible Stalls 1to25. 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1000 2% of total 1001 and over 20 plus 1 for each 100 over 1000 Accessible stalls shall be a minimum of 9 feet wide and 18.5 feet long with a 5 -foot wide striped access aisle. One in every 8 accessible stalls, but not less than 1, shall be served by an 8 -foot wide striped access aisle (van accessible). Two accessible parking spaces may share a common access aisle. G. Location of Off -Street Parking Spaces 95 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 custormy driveways. Commercially licensed vehilces or trailers weighing less than 6 tons may be parked within customary driveways. b. The paved area of driveways serving single - family or duplex uses shall not exceed 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 2 vehicles side -by -side. 3. Nonresidential Districts In C -1 and more intensive districts, no off - street parking spaces shall be permitted within 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 Planning and Economic 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 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 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. 4. Agreement for Off -Site Parkin ¢ : 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 Planning and Economic Development or their designees for recordation on forms made available in the office of the Planning and Economic 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 Surfacing All off - street parking and loading areas, except those required for single - family or duplex uses, shall be surfaced with: a. 5 inches of concrete. b. 6 inches of asphalt. C. 3 inches of asphalt combined with 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. Li tin : Any off -street parking areas that are used after dark and provide space for 5 or more vehicles shall be provided with lights that provide at least an average of %a footcandle 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 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 530. Landscaping and Buffering, and other interior parking features shall also be protected by curbs. 5. Ste Off-street parking areas contained five or more spaces shall be delineated by pavement striping. 6. Parking Snace Dimensions Required off -street parking spaces shall be designed in accordance with the minim standards shown in the "Parking Area Design Table" below. In the event that proposed parking angles are not shown in the table, required parking shape dimensions shall be interpolated from the table below: Parlung Area Design Table 90° Parking Stall & Aisle Dimensions Single or Double Loaded Traffic Flo w Minimum Stall Dimensions Minimum Aisle Aisle Width Reference D' ram Sine One Way 9 x 18 ft 24 ft A Single Two Way 9x18ft 24 ft B Double Two Way 9 x 18 ft 24 ft C 97 A +e 24 i 9 b4 B V u m u 1e 9 9 b4 b4 C is 21 1!. e 45 Parking Stall & Aisle Dimensions A +e 24 i 9 b4 B V u m u 1e 9 9 b4 b4 C i\" 16 t+e 9 b 19 t 2D 92 2D 19 ✓ a4 av F 7. Loading Space Dimensions: Off - street loading spaces shall be at least 14 feet by 50 feet in size, with a minimum 18 -foot height clearance. 8. Timing of Construction Parking and loading spaces, driving aisles and access ways must be constructed before issuance of occupancy permits. L. Stacking Spaces for Drive- Throughs: In addition to meeting the off - street parking requirements of this section, drive- 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: T .. a �• 98 45 Parking Stall & Aisle Dimensions Single or Double Minimum Stall Minimum Aisle Reference Loaded Traffic Flow Dimensions Width Diagram Single One a 9 x 18 ft 16 ft D Double One Way 9 x 18 ft 16 ft E Double Two Way 9 x 18 ft 20 ft F i\" 16 t+e 9 b 19 t 2D 92 2D 19 ✓ a4 av F 7. Loading Space Dimensions: Off - street loading spaces shall be at least 14 feet by 50 feet in size, with a minimum 18 -foot height clearance. 8. Timing of Construction Parking and loading spaces, driving aisles and access ways must be constructed before issuance of occupancy permits. L. Stacking Spaces for Drive- Throughs: In addition to meeting the off - street parking requirements of this section, drive- 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: T .. a �• 98 USE TYPE MINIMUM SPACES MEASURED FROM Bank teller lane 4 Teller or Window Automated teller machine 3 Teller Restaurant drive-through 8 Order Box Car wash stall, automatic 6 Entrance Car wash stall self - service 1 3 1 Entrance Other I To be determined by traffic stud Gas Pump Island I Thirty 30 feet from each end of um island 2. Design and Layout Stacking spaces shall be subject to the following design and layout standards: a. Stacking shapes shall be a minim of 8 feet by 20 feet in size. b. Stacking spaces shall comply with the parking setback standards of Section .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: Area Required Such loading and unloading space shall be an area at least 14 feet by 50 feet, with 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 Requirement 3,000 to 25,000 s . ft. 1 25,001 to 100,000 s . ft. 2 100,001 to 250,000 sq. ft. 3 250,001 to 500,000 sq. ft. 5 500,001 to 750,000 sq. ft. 7 750,001 to 1,000,000 s . ft. 9 1,000,001 + s . ft. 10 + one per each 250,000 s . ft. above 1,000,000 N. Off - Street Parking and Loading Plan lans Plans showing the layout and design of all required off - street parking and loading areas shall be submitted to and approved by the Director of Planning and Economic Development or their designees before issuance of a building permit. Before approving any parking layout, the Director or their designees shall determine that the .. spaces provided are usable and meet all applicable standards of this Ordinance. All required off - street parking spaces shall be clearly marked on the Plan. SECTION 510. DRIVEWAYS AND ROADWAY ACCESS The following standards shall apply to all driveways providing access to multi - family or nonresidential uses: A. General Standards: 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. 2. 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. 3. Any driveway design must allow an entering vehicle turning speed of 15 miles per hour to help Aduce 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. i�" 4. There must be sufficient on -site vehicle storage to accommodate queued vehicles waiting to park or exit, without interfering with street traffic. 5. Provisions for circulations between adjacent parcels should be provided through coordinated or joint parking systems. 6. Driveway placement should be such that loading and unloading activities will in no way hinder vehicle ingress or egress. 7. 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 through -traffic land available without encroaching into the adjacent through -lane. B. Right Turn lanes and Tapers: Right turn lanes and taper shall be required when: 1. Expected right -turn ingress movements meet or exceed 50 vehicles per hour during a typical weekday peak traffic period. 2. Driveway volumes are expected to meet or exceed 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 PPE Trip Generation Manual. 3. The City Engineer can document, through traffic analysis, that such treatment is necessary to avoid congestion and/or unsafe conditions on the public arterial. C. Driveway Grade: The grade of a two -way, one -way or divided driveway shall not exceed 2% for a minimum distance of 25 feet from the edge of the pavement. 100 7 1 . D. Sight Distance: Direct - access driveways shall be located to allow the following minumimum sight distance: ---I Design Speed of Street Minimum Sight Distance (Feet 30 200 35 225 40 275 45 325 50 350 E. Driveway Spacing: 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. a. Spacing from Signalized Intersections All driveways providing access to arterial streets shall be constructed so that the point of tangency of the curb return radius closest to a signalized or stop sign - controlled intersection is at least 250 feet from the perpendicular curb face of the intersecting street. In the event that this standard cannot be met because of an unusually narrow or shallow lot size, the Planning and Zoning Commission, with the recommendation of the City Engineer, may reduce the spacing so long as the reduction does not result in an unsafe traffic condition. b. Spacing from Other (Nonsignalized) Access Points All driveways providing access to arterial streets shall be contructed so that the point of tangency of the curb return radius closest to all nonsignalized street or driveway intersections is at least 200 feet from the perpendicular curb 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. 2. 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. F. Driveways Per Parcel: 101 1. Unless otherwise specifically restricted, 1 driveway opening shall be allowed per 200 l feet of continuous street frontage. At least one driveway shall be permitted for any _ lot. 2. Parcels with 200 feet of frontage or less may apply for a secondary driveway if shared with an adjoining parcel, provided that the required minimum spacing is maintained. In such cases, only 1 shared driveway will be permitted. G. Driveway Width: 1. One -Way Drives: The width of the driveway shall not exceed 14 feet. 2. Two-way drives The width of the driveway shall not exceed 35 feet. H. 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 Planning and Economic Development or their designees. 3 SECTION 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. A. Lot Size: 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 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 Ordinance. 2. Utilities Utilities (major or minor) using land or an unoccupied building requiring less than 1,000 square feet of site area are exempt from the minimum lot size standards of all zoning districts. 3. Sin e- Famil_� )Aelling Exemptions The minimum lot size standards of this Ordinance 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 Ordinance. 13. Residential Densities: The Zoning District Regulations of this Ordinance 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 nonresidential 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. 102 T. C. Setbacks 1. Features Allowed Within Setbacks The following features may be located within any setback: a. Trees, shrubbery, gardens or other landscape features. b. Fences and walls, subject to Section 560. Fences. C. Gates and guard houses. d. Non - enclosed off-street parking and loading areas (driveways), and sidewalks. e. Signs, subject to Article VIII• Signs. f. . Steps to the principal entrance, walks and balustrades. g. Bay *indows, architectural features, cantilevered floors, chimneys and other ornamental features of buildings that do not project more than 2 feet into the required setbacks. h. Fire escapes that do not extend into a setback by more than 30% of the required setback dimension. Utility lines, wires and associated structures, such a power poles. 2. 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 firefighting equipment is available. Such access shall be approved by the Fire Chief before issuance of any permit. 3. Setback Avera¢inw 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 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. 4. Setback Reduced for Public Puroose 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 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 Ordinance. 103 D. Height 1. 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. 2. Exemptions from Height Standards The following structures and features shall be exempt from the height requirements of this Ordinance: a. Chimneys, smokestacks or flues. b. Cooling towers and ventilators. C. Elevators bulkheads and stairway enclosures. d. Grain elevators and silos. e. Flagpoles, radio and television receiving antennas and support structures, provided that they shall not exceed 150% of the maximum height permitted withih the zoning district that they are located, measured from average finished grade at the base of the support structure or building that it is located. f. Communication towers. g. Utility poles, water towers and support structures. h. Belfries, spires and steeples. i. Monuments and ornamental towers. SECTION 530. LANDSCAPING AND BUFFERING This section sets out the minimum Landscaping and Buffering Requirements for new development within the City. Three different types of landscaping and buffering are described in this section: (1) Open Space Landscaping; (2) Parking Lot Landscaping; and, (3) Right -of -Way and Transition Buffers. A. Applicability The standards of this section shall apply to all development except that specifically exempted in Section 530.B: Exemptions. B. Exemptions The following shall be exempt from the standards of this section: 1. Agriculture. 2. Existing Devejq4ment Changes in Use Improvements or repairs to existing development that do not result in an increase in floor area and minimal and minor changes of use as defined in Section 420: Change of Use. C. OQpen Space Landscaping Landscaping within open spaces shall be provided in accordance with the following: 104 T 11 -,- ---. - -- - - - - Plants Required At least 1 medium or large deciduous tree and 4 shrubs shall be provided for each 3,000 square feet of lot area or fraction thereof. 2. Location of Plants Plants required pursuant to this section shall be installed in required front setback areas to the maximum extent possible. Limit on Plants Required for Residential Development Shrubs shall not be required to be installed on any single - family lot and in no case shall more than 3 medium or large deciduous trees be required to be installed on any single- family lot. D. Parking Lot Landscapins 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. Relationship to Other Landscaping Standards: Landscaping provided to meet the Open Space or Right -of -Way and Transition Buffer Landscaping Standards of this section shall Aot be counted towards meeting a project's Parking Lot Landscaping Requirements. 2. Minimum Planting Area At least 20 square feet of landscape planting area shall be provided within the interior of an off - street parking area for each parking space contained within the parking area. 3. Plants Required At least 1 medium or large deciduous tree and 6 shrubs shall be provided for each 10 parking spaces within an off - street parking area. All landscaping areas that are not dedicated to trees or shrubs shall be landscaped with grass, ground cover, or other appropriate landscape treatment. Sand or pavement shall not be considered appropriate landscape treatment. a. Location Parking lot landscaping shall be reasonably dispersed throughout off -street parking areas. b. Planting Areas The interior dimensions of any planting area used to satisfy Parking Lot Landscaping Standards shall be sufficient to protect plant materials and to ensure proper growth. Planting areas that contain trees shall be at least 7 feet wide, and all planting areas shall be protected by raised curbs or wheel stops to prevent damage by veh;cles and vehicle overhang. E. Right-of-Way and Transition Buffers The standards of this subsection require landscape buffers to be provided and maintained when certain land uses are adjacent to one another or when adjacent to certain roadway types. These standards are intended to: (1) help ease the land use transition between areas of varying development intensity; (2) ensure land use compatibility; and, (3) preserve the appearance of roadway areas. 1. Exemption for C -1 District Uses in the C -1 District shall be exempt from the right - of -way buffer standards. 2. Determination of Right-of-Way and Transition Buffer Requirements The following procedure shall be followed in determining the type of buffer required. 105 a. Identify the minimum zoning classification required to accommodate the proposed use. This is the "Proposed Development or Zoning" Classification of Column 1. b. Identify the actual zoning classification of the abutting site(s). This is the "Adjacent Development or Zoning" Classification. c. Identify the classification of the roadway adjacent to the site of the proposed development. This is the "Adjacent Street" Classification. d. Determine the type of buffer required on each building site boundary (or portion thereof) by referring to the Right -of Way and Transition Buffer Table. e. Refer to Section 530.E.3: Description of Bu, f er Types and Options and select the desired landscaping buffer option from those set forth in the Buffer Types and Options Table. The applicant may select any of the listed options to satisfy the Right -of -Way and Transition Buffer requirements. Riaht�f W and Transitin Ruffer Table Description of Buffer Types and Options: Rnffer T vnea and Options Tab1A EXISTING Proposed ADJACENT DEVELOPMENT OR ZONING ADJACENT STREET Development or Zoning R 1 R -2 R -3 CPO C -1 I Interstate Arterial Major Collector Minor Collector R -1 A A B B C D C A -- R-2, R -3 A A A A C C B A -- CPO • B A -- A C B B A A C -1 B A A -- C B B A A I C C C C — B B B C Description of Buffer Types and Options: Rnffer T vnea and Options Tab1A 4. Location of Buffers: Right -of -Way and Transition Buffers shall be required to be located along those portions of a site that are adjacent to public right -of -way and along those portions adjoining lots with a different zoning classification. 106 Required Plants iver 100 Linear Feet of Buffer Buffer Width feet Shade Trees Understory Deciduous Understory Evergreen Shrubs A 15 2 -- 2 4 B 20 2 2 2 6 C 25 3 2 4 8 D 40 1 3 1 4 6 10 4. Location of Buffers: Right -of -Way and Transition Buffers shall be required to be located along those portions of a site that are adjacent to public right -of -way and along those portions adjoining lots with a different zoning classification. 106 5. Use of Buffers Required buffers shall be reserved solely for open space and landscaping. No proposed building addition, structure, parking area or any other type _ of physical land improvement shall be located in a required buffer, provided that driveways or roads may cross a required buffer if necessary to provide access to the building site. Sidewalks and pedestrian paths may also be located within required buffers. 6. Waiver for Small Sites The area of required Right -of -Way and Transition Bu shall not be required to exceed 10% of the site proposed for development. In cases where buffer requirements would consume more than 10% of the site, the Planning and Zoning Commission may allow the width or location of buffers to be reduced or eliminated. The developer shall be required to add plant material within remaining buffers or elsewhere on the site. Responsibility for Instalft Buffers The developing property shall always be responsible for providing required Right-of-Way and Transition Buffers. In those cases where a landscape buffer that complies with the Right -of -Way and Transition Buffer Standards of this section is already in place -- whether on the site of the developing property or on the site of the adjacent property-4he developer shall not be required to install another landscape buffer. The developer of a subdivision or other developing site shall only be responsible for ensuring that the intervening landscape buffer complies with the standards of this section. Landscape buffers required for subdivisions shall be placed in easements. F. Punster and Ground Mounted Mechanical Equipment Screening Dumpsters or other mechanically dumped trash receptacles 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 6 feet or 1 foot taller than the dumpster or equipment, whichever is greater. The fence or wall shall provide complete visual screening of the dumpster or equipment and be compatible in material and color with the principal structure on the lot. G. Landscape Material Standards The following standards shall be considered the minimum required planting standards for all trees and landscape material. 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. . 2. Artificial Plants No artificial plants or vegetation shall be used to meet any standards of this section. 3. Trees a. Tykes 1) Require d : Where required or permitted, trees shall be of ornamental, evergreen, or of the large deciduous types, such as oak, maple, ash, hickory or thornless honey locust. 107 Use of the following trees is discouraged and shall not be used to L� satisfy the landscaping or bu standards of this section: Box elder (Acer negundo); Siberian (Chinese) elm (Uhnus pumila); Silver (soft) maple (Ater mccarinum); Bradford Pear (Pyres calleryana ` Bradford'); Green ash (Fraxinus americans); Cottonwood (Populus deltoides); Sycamore (Platanus acerifolia); Tree -of- heaven (Ailantus altissima); Willow (Salix sp.); Lombardi poplar (Populus lmbardi); Black locust (Robins pseudoaccia. 2) Recommended Tree Species The City of Riverside, in order to promote a unifying theme of landscaping, has identified specific tree species that are recommended for use in developments throughout the City. These tree species are: Oak, Maple, Hickory, Ash, Linden and Locust. 3) Species Mix When three or more trees are required to be planted to meet the standards of this section, a mix of species shall be provided. In order to promote diversity in the urban forest, the number of species to be planted shall vary according to the overall number. of trees required to be planted in accordance with the following requirements: Required Number of Trees Minimum Number of Species 3 -9 2 10-19 3 20 -29 4 30+ 5 b. Sizes: 1) Medium and Large Deciduous Trees Medium and large deciduous trees planted to satisfy the standards of this section shall have a minimum diameter of 2 -1/2 inches, measured at a point that is at least six inches above ground level. 2) Understory Deciduous or Ornamental Trees Understory deciduous and ornamental trees planted to satisfy the standards of this section shall have a minimum diameter of 2 inches, measured at a point that is at least six inches above ground level. 3) Conifers and Upright Evergreens Conifers and upright evergreens planted to satisfy the standards of this section shall have a height of five feet. 4) Shrubs (Deciduous and Coniferl Shrubs may be of a size determined by the applicant, unless otherwise indicated by other sections of this Ordinance. 5) Ground Treatment The ground area within required landscape areas shall receive appropriate landscape treatment and present a finished 108 appearance and reasonably complete coverage upon planting. The following standard shall apply to the design of ground treatment: a) Ground Cover Ground cover appropriate for the area may be planted in lieu of turf grass. Ground. cover shall be of a size and spacing to provide a minim of 50% coverage after the first full growing season and complete coverage after three growing seasons. Edging shall be provided for all ground cover. b) Mulch Mulch shall be installed and maintained at a minimum depth of two inches and a maximum depth of four inches on all planted areas except where ground cover plants are fully established. Mulch may be used as a permanent ground treatment in those landscape designs where ground cover or grass is inappropriate. c) Grass Seed and Sod Turf areas shall be planted with species suitable as permanent lawns in Riverside. Turf areas shall be sodded or seeded. In areas where grass seed is used, maintenance shall be provided until coverage is complete, and complete coverage shall be provided after the first full growing season. Areas not covered in full after the first growing season shall be sodded. 6) Fences and Walls Fences and walls used to screen residential developments from adjacent streets and land uses shall be of uniform appearance and design throughout the subject development. 7) Use of Existing Plant Material a) General Vegetation 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. b) Tree Credits Existing trees that satisfy the standards of this section may be substituted for any of the trees required to be planted in this section. c) Trees Excluded from Credit No credits shall be permitted for the following types of trees: Trees that are not properly protected from damage during the construction process. Trees thatare dead, dying, diseased, or infested with harmful insects. Tree species which are identified as inappropriate or discouraged for use in Section 530.6.3: Trees. 109 H. Installation, Maintenance and Replacement: 1. Installation All landscaping shall be installed according to sound landscape industry practices in a manner designed to encourage vigorous growth. All landscape material, living and non - living, shall be healthy and in place prior to the issuance of any occupancy permit. A temporary occupancy permit may be issued prior to installation of required landscaping if written assurances and financial guarantees are submitted ensuring that planting and/or growth will take place when planting season arrives. The amount of the financial guarantee or bond shalt be equal to 2 times the estimated cost of the plant material based on written cost estimates provided by the developer. 2. Maintenance and Replacement: Trees, shrubs, fences, walls and other landscape features depicted on plans approved by the City shall be considered elements of the project in the same manner' as parking, building materials and other details of the plan are considered elements of the project. The land owner, or successors in interest, or agent, if any, shall be jointly and severally responsible for the following: a.' Regular maintenance of all landscaping in good condition and in a way that presents a healthy, neat and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, as needed and in accordance with acceptable horticultural practices. b. The repair or replacement of required landscape structures (e.g., walls, fences) to a structurally sound condition. C. The regular maintenance, repair, or replacement, where necessary, of any landscaping required by this section. d. Continuous maintenance of the site as a whole. 3. Irrigation: All developments within CP -O, C -1 or I Districts are required to provide an irrigation system, per manufacturers specifications, suitable to support the landscape installation provided under this section. SECTION 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 firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any 110 such material. Such fire hazards shall be kept removed from adjacent activities to a distance that is compatible with the pote #tial 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 80 decibels. Tornado sirens and related apparatus used solely for public purposes shall 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 tLway 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. SECTION 550. NUMBER OF PRINCIPAL USES AND STRUCTURES PER LOT A lot may be used for more than one principal nonresidential use and more than one principal nonresidential structure, provided that all structures are separated by a minimum distance of 15 feet and prgvided that development on the lot complies with all applicable standards of this Ordinance. SECTION 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 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 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 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. 111 2. Side and rear vards. Fences in any side or rear yard shall be constructed of chain F -� link, wood, decorative i}on, plastic or masonry and the height of such fence shall not exceed 8 feet above the ground. C. Performance Standards Fences shall be constructed and maintained so that they do not constitute a blighting influence or an element 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 580.B: Standards for Outdoor Storage in C -1 and L 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 shall be a determining factbr in the approval of such. 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 230: Special Use Permit Applications. SECTION 570. OUTDOOR LIGHTING STANDARDS A. Annlicability 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 0.5 foot - candles, measured at 5 feet above grade. D. Shieldinu Projects shall utilize only metal halide lighting incorporating flat 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. E. Hei t: Maximum overall pole height, including bases, shall be: 1. Twenty (20) feet for parking areas within 50 feet of residential zoned districts. 2. Twenty -four (24) feet for parking areas within 50 feet of a street separating residential zoned properties. 3. Twenty -eight (28) feet for all other parking areas. F. Foot - candles: The maximum average maintained foot - candles for all parking lot lighting shall be 3 foot - candles; the minimum average maintained foot - candles shall be 1 foot - candle. 112 - T - - - -,- - 3 For the purposes of this Ordinance, the average maintained foot - candles shall be calculated at 0.8 of initial foot - candles. G. Illumination Ratios: Luminary fixtures shall be arranged in order to provide uniform illumination throughout the parking lot of not more than a 6:1 ratio of average to minimum illumination and not more than a 20:1 ratio of maximum to minimum illumination. H. Number of Fixtures/ Poles The minimum number of fixtures and poles shall be used to meet the lighting standards of this Section. I. Floodlights Prohibited Floodlight fixtures are prohibited on parking lot light poles and may be used elsewhere as accent lighting only. J. 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. K. Underground Service: All utilities serving lighting fixtures shall be provided underground. L. 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 80 feet. Ball diamonds, playing fields, and tennis courts may exceed a total cutoff angle of 90 degrees, 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 2 foot - candles. SECTION 580. OUTDOOR STORAGE AND DISPLAY STANDARDS A. Standards for Outdoor Display in C -1 and I : Outdoor display of materials which are not completely enclosed or completely screened from view, 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. Hei t: Outdoor displays shall not exceed 15 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 10 feet of a street line. 5. Appearance Outdoor displays shall have a neat and orderly appearance. B. Standards for Outdoor Storage in C -1 and I : 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: 113 1. dial 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 230. Special Use Permit Application. 2. Screening All outdoor storage shall be contained within a fully enclosed building or in a fenced open yard adequately screened. 3. 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 10 feet of a street line. 4. Annearance All outdoor storage shall have a neat and orderly appearance. 5. Setback Outdoor storage areas shall comply with all setback requirements. 6. Hei t: The height of materials stored shall not exceed the height limitation of the underlying zoning district. Storage of Tracks Parking and storage of tractors, truck tractors and trailers shall not exceed 24 hours unless parked or stored in connection with a business and upon the premises of that business. 8. Construction Trailers: Construction trailers or trailer offices shall be permitted, in connection with a current construction project. All trailers must be removed within 10 days of the issuance of an 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 used 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 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 used automobiles are sold shall have no more than 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 5 inches of either concrete or asphalt curbing. C. All premises upon which used automobiles 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 500.x• Off- Street Parking and Loading Area Design Standards. d. All premises upon which used automobiles are sold shall also be furnished with adequate lighting to allow the entire premises to be observed at all hours from the City streets. 114 T - 1 1 7 i. e. All premises upon which used automobiles 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 used automobiles 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 used motor vehicles are sold. h. All automobile parts, equipment and accessories located on any premises in which the used automobiles are sold shall be stored inside a building located on said premises. Outside storage of automobile parts, equipment and accessories is prohibited. SECTION 590. NONi2ESIDENTI4L 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 250. Development Plan Applications. B. Annroved 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 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 40% of incident visible light. 6. Metal: Used only in an incidental role, i.e., trim, architectural features, standing seam 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: 115 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. New materials not listed as approved, prohibited or conditional. 4. Materials specifically excluded above or not listed and usedin 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 Brbaks. 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 Bre aks 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 2 inches vertical to 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 Plana 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. 116 .. 1 - 7 I• 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 Eg pment Ground - mounted equipment shall be totally screened from view by landscaping or masonry wall up to the height of the units to be screened or 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. SECTION 600. On corner lots, nothing shall be erected, pleiced, planted or allowed to grow in such a manner as to materially impede vision between a height of two feet and eight feet above curb grade within the triangular area formed by an imaginary line that follows street pavement edges and a line connecting them 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. SECTION 610. 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. 117 Article VIII: Signs SECTION 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: A. Compatible with their surroundings. B. Appropriate to the activity to which they pertain. C. Expressive of the identity of individual activities and the community as a whole. D. Legible in the circumstances in which they are seen. SECTION 630. GENERAL PROVISIONS Other than legally nonconforming 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 iu 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 ofArticle XW.• 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. SECTION 640. PERMIT REOUIRED 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. SECTION 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 4 exempt signs. A. 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. 118 B. Signs displaying a non - commercial message (including political signs) that are no more than 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 10 feet apart. C. Official signs of a non - commercial nature erected by public utility companies. D. Flags, provided the flag does not exceed 50 square feet in area. E. 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 4 square feet in area and shall not be illuminated. F. Any sign located inside a building, but is visible from outside the building, provided it does not specifically advertise the business. G. Signs at a construction site that are posted at the entrance to the job site explaining rules for contractors and others entering the site. SECTION 660. PROhIBITED SIGNS The following types of signs shall be prohibited, except as stated below or as otherwise specifically provided for herein: A. Off - premises signs. B. Billboards, except where a special use permit has been obtained for such sign. C. Attention- attracting devices, including, but not limited to banners, pennants, streamers, wind - operated mechanisms, inflatable devices, flashing lights, beacon lights, and strobe lights. D. 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. E. Pole signs. Roof signs (signs attached to mansard roofs .shall be considered roof signs). G. Signs containing obscene material. H. 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: The vehicle is parked at a prominent location. 2. The sign can be easily read by people driving past the vehicle. 3. The vehicle is parked at the same or similar location for 48 hours. 4. There is no stated or apparent reason, other than signage purposed, that justify the vehicle being at the location. 119 SECTION 670. REGULATIONS APPLICABLE TO ALL SIGNS The following provisions shall be applicable to all signs unless otherwise provided for herein. A. All signs shall have sound structural quality and be maintained in good repair. B. 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. C. Signs shall not be located within public right -of -way D. All parts of a sign shall be set back a minimum of 3 feet from the side and rear property lines. E. All outdoor signs and supports shall be weather resistant so as to prevent rust, peeling, flaking or fading. F. Signs shall not be attached to utility poles or other appurtenances which exist within public street right -of -way. ' G. Signs shall not interfere in any way with the free use of any fire escape, exit or standpipe. H. Signs shall be located a minimum of 6 feet horizontally or 12 feet vertically from overhead electrical conductors which are energized in excess of 750 volts. I. 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 30 days after the business is no longer in operation or the product is no longer being sold on premises. I Wall signs shall not project beyond the plane of the wall more than 1 foot. K. All monument signs shall be located within a landscaped area, extending a minimum of 3 feet on all sides of the sign base. L. Electronic message panels shall not exceed 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. SECTION 680. TEMPORARY SIGNS A. Project Identification/ Construction Sins Signs identifying a new construction or remodeling project, 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 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. 120 3. One sign shall be allowed for each street frontage, provided the total number of signs for a single constructioi4 project does not exceed 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 48 square feet with a maximum height of 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 Planning and Economic 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 Banner Special event banners shall be allowed in accordance with the following provisions: 1. Each business or organization shall be allowed 1 special event banner twice each year. 2. A temporary sign permit shall be obtained prior to the installation of the banner. 3. The banner shall be installed for a maxim of 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 2 signs; provided, such signs may contain advertising on both of their 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. Signs shall not exceed 32 square feet in area per sign face with a maximum height of 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: Signs shall not exceed 48 square feet in area per sign face with a maximum height of 8 feet. 121 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 10 feet from another political sign. 5. Signs may be installed up to 30 days prior to the election. 6. Signs shall be removed within 10 days following the election. E. Real Estate Signs Real estate signs shall be allowed in accordance with the following provisions: 1. Each lot shall be allowed 1 non - illuminated, detached real estate sign, except that lots larger than 1 acre may have 1 sign per street frontage, up to a maximum of 3 signs. 2. Signs located in residential districts shall not exceed 6 square feet in area with a maximum height of 4 feet. Signs located in commercial or industrial districts shall not exceed 48 square feet in area (including the sign face, base, and supporting or decorative elements) with a maximum height of 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: I. Signs shall be located on the property where the sale shall occur. 2. Signs shall not exceed 6 square feet in area with a maximum height of 4 feet. 3. Signs may be displayed during the dates of the sale and up to 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, 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 4 square feet in area with a maximum height of 4 feet. 2. Signs shall only be placed on private property, provided prior permission has been obtained from the property owner. 122 T 1 1 . - - _-- - I- I. 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 interchar public park or any other publicly owned facility. 4. Signs shall be located a minimum of 10 feet from another political sign. 5. Signs maybe installed up to 30 days prior to the election. 6. Signs shall be removed within 10 days following the election. E. Real Estate Signs Real estate signs shall be allowed in accordance th the following provisions: Each lot shall be allowed 1 non - illuminated, detached Xal estate sign, except that lots larger than 1 acre may have 1 sign per street frontag up to a maximum of 3 signs. 2. Signs locatedIm residential districts shall not ex 6 square feet in area with a maximum height of 4 feet. Signs located in co ercial or industrial districts shall not exceed 48 square feet in area (including sign face, base, and supporting or decorative elements) with a maximum hei of 8 feet. 3. Signs shall only be permitted on prop that is actively being offered for sale, rent, or lease. 4. A sign permit shall not be requ' or real estate signs. F. Garage or Estate Sale Signs Garage o estate sale signs shall be allowed in accordance with the following provisions: 1. Signs shall be located on a property where the sale shall occur. 2. Signs shall not exc 6 square feet in area with a maximum height of 4 feet. 3. Signs may be dis yed during the dates of the sale and up to 3 days prior to the sale. 4. A sign permit 1 not be required for garage or estate sale signs. 5. SiZ eb ted to sales of used household furniture, clothing, appliances and sihold items, but not including the sale of motor vehicles, recreational ves, or any product or service associated with a home occupation. G. Off -Site Di s: Off -site directional signs for real estate sales, garage sales, estate sales and er similar events shall be allowed in accordance with the following provisions: 1. Signs shall not exceed 4 square feet in area with a maximum height of 4 feet. 2. Signs shall only be placed on private property, provided prior permission has been obtained from the property owner. 122 3. Signs may not be placed in any street right -of -way, median, highway interchange, i 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. SECTION 690. SIGNS PERA TTED IN ALL DISTRICTS A. Public /Semi - Public Facilities Religious institutions, libraries, community centers, and other public /semirpublic facilities shall be allowed signs as follows: 1. Facilities wit8 a land area of 10 acres or less shall be allowed a total of 2 signs with a maximum of 1 monument sign. Signs shall be allowed in accordance with the following provisions: a. Wall signs shall not exceed 10% of the area of th e wall on which they are placed with a maximum of 1 per fagade. b. Monument signs shall be located on the premises and be at least 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 48 square feet with a maximum height of 8 feet above the average grade. 2. Facilities with a land area of more than 10 acres shall be allowed a total of 3 signs with a maximum of 2 monument signs. Signs shall be allowed in accordance with the following provisions: a. Wall signs shall not exceed 10% of the area of the wall on which they are placed with a maximum of 1 per fagade. b. Monument signs shall be located on the premises and be at least 10 feet from the street right -of -way. There shall be a maximum of 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 48 square feet with a maximum height of 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 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: 123 T 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. A master sign plan shall contain the following: a. A site plan of the facility's complex, at a scale of not less than 1 inch equals 100 feet. b. The location of all buildings, parking lots, driveways and landscaped areas on the lot or parcel. c. Comoutation 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 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 mounted signs shall not exceed 3 feet in height (including sign face, base, and supporting elements), shall not exceed 2 square feet of area per sign face, and may be single- or double- faced. 3. Wall mounted signs shall not exceed 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. SECTION 700, SIGNS PERmn - up IN RESIDENTIAL DISTRICTS (R -1. R -2. AND A. Home Oceupation Signs One non - illuminated home occupation sign attached to the house and not exceeding 1 square foot in area shall be allowed per lot. A sign permit shall not be required for a home occupation sign. 124 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 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 48 square feet with a maximum height of 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 additional elements such as fountains, waterfalls, natural features, architectural features and similar items may be included with the design of the sign. The design alternative shall respect the neighborhood and fit with the subdivision or re sidential 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. SECTION 710. SIGNS PERMFrTED IN NONRESIDENTIAL DISTRICTS (CPO. C -1. D A. Individual Businesses Each individual business shall be allowed a total of 3 signs with a maximum of 1 monument sign. Signs shall be allowed in accordance with the following provisions: ,1. Wall signs shall not exceed 10% of the area of the wall on which they are placed with a maximum of 1 per fagade. 2. Monument signs shall be located on the premises and be at least 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 64 square feet with a maximum height of 10 feet above the average grade. 3. Projecting signs shall not exceed 6 square feet in area and shall not extend more than 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 Office, business and industrial parks, and shopping centers designed as one 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 125 i Commission. In reviewing a master sign plan, the Planning and Zoning Commission shall consider the following: 1. The use of the facility. 2. The height of the building(s). 3. The surrounding land uses and zoning districts. 4. Relationship of the site to the surrounding street network. 5. The topography of the site. A master sign plan shall contain the following: 1. A site plan of the park or center, at a scale of not less than 1 inch equals 100 feet. 2. The location of all buildings, parking lots, driveways and landscaped areas on the lot or parcel. 3. The total number of signs, the area and height of each sign, and the computation of total sign area. 4. An accurate indication on the site plan of the location of any existing or proposed sign. 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. Although a master sign plan is intended to allow flexibility, the following provisions should be used as guidelines when designing a master sign plan. Each business within the park or center should be allowed signs in accordance with the "Individual Businesses" regulations above. 2. Identification signs for the park or center should: a. Be located at principal entrances to the park or center. b. Be located on the premises and be at least 10 feet from the street right -of- way. C. Not exceed 64 square feet (including the sign face, base, and supporting or decorative elements) with a maximum height of 10 feet above the average grade. SECTION 720, SIGNS PERDUMD 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 126 plan. In instances where the signage plan does not provide specific enough regulations, the regulations contained herein shall be utipzed. SECTION 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. Li tin 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 20 foot - candles. 2. Size a. Billboards shall have a maximum area of 672 square feet with a maximum height of 14 feet and a maximum length of 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 2 sign faces apd no more than 1 sign face facing the same line of traffic. 3. Spacing a. No billboard shall be erected within 2,000 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. 127 1 - -- — I - F 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 90 feet from the billboard's nearest edge to the right -of -way of any interstate or freeway primary highway. b. A minimum of 90 feet (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 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 Hi &way Interchanges No billboard shall be located adjacent to or within 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 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 shall be located within 2,000 feet of a residential district or land zoned or used for public recreational activities, such as a public park. Setbacks from River Levee Improvements No billboard shall be located within 500 feet riverward or 300 feet landward of the centerline of any existing or proposed flood protection levee. 8. Landscaping. Li Ming 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 530: Landscaping and Buffering and shall detail the grade, type of ground cover, and specific location of any shrubs and trees. 128 Landscaping, lighting and fencing plans shall be submitted to and reviewed by the i 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 "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 "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. SMcial 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 230: Special Use Permit Applications. In additional to the submittal requirements outlined in Section 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 froin a structural engineer as to the structural strength of the sign. 4) A sign survey indicating t$e relative vertical and horizontal distanced between the proposed billboard and all other billboards within 2,000 feet. The survey must be certified by a Missouri licensed land surveyor. 129 I 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 gqual 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 $100,000 /$300,000 /$50,000 and shall endorse the City as an additional insured on the policy. 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 I' 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. 130 d. The billboard becomes damaged or dilapidated to 50% or more of its physical struchire or economic value. 131 ARTICLE IX: SUBDIVISION REGULATIONS SECTION 740. GENERAL PROVISIONS A. Pu se : 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. 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 cgnserve the value of land throughout the City and the value of buildings acid 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: 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. 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 Ordinance, 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. 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. 132 C. Saving Provision: The regulations of this Article shall not be construed as abating any action now pending under, or by virtu$ 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 Ordinance, 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. a. A division of land into no more than 3 lots. b. An adjustment in boundaries between adjoining platted lots. C. An adjustment of building lines. d. A resurvey to combine 2 or more lots or portion of lots into l lot. 2. Major Subdivision A plat including 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. 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 290: 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- 133 r _ . n i' 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 Ordinance 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 Ordinance. 7. Avuroval Should a variance be approved, it shall be included as part of the final plat application. SECTION 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. . A. All applicable provisions of the Missouri Statues. B. American Public Works Association (APWA) standards. C. The zoning regulations, building codes, fire safety standards and all other applicable laws of the City. D. 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. 134 E. The rules of the Missouri State Highway Department, if the subdivision or any lot contained therein abuts a state highway or; connecting street. F. The standards, regulations and policies adopted by all boards, commissions, agencies, and officials of the City. G. All pertinent standards contained within any and all applicable overlay districts or development specific guidelines, as adopted. SECTION 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 sihall 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, stormwater management, sanitary sewer systems, water systems, utilities and open space shall be designed in accordance with the provisions of Article X. �— In Improvements. B. Block Desisn 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 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. Len th e In residential subdivisions, blocks shall not exceed 1,000 feet, nor be less than 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 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 20 feet wide, may be 135 required by the reviewing bodies through the center of blocks more than 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. Comer lots for residential use shall be at least 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. 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, elegtdcal and water systems are located and constructed to minimize or eliminate flood damage. 3. Adequate drainage is provided to reduce exposure to flood hazards. SECTION 770, ADDITIONAL REOUIREMENTS A. Self - Imposed Restrictions If the owner places restrictions on any of the land contained in the subdivision greater than those required by this Ordinance, such restrictions or reference thereto may be required to be indicated on the plat; or the Board of Aldermen may require that restrictive 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. 136 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 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 Planning and Economic 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 Planning and Economic 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. SECTION 780. NONRESIDENTIAL 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: 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 bd adequate to accommodate the type and volume of traffic anticipated to be generated thereupon. 137 T I. - . n 7 �, 3. Special requirements may be imposed by the City with respect to street, curb, gutter and sidewalk design ano 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. 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. SECTION 790. ASSURANCE FOR COMPLETION OF PUBLIC EVIPROVEMENTS A. Improvements and Performance Bond 1. Cbmpletion 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, stormwater 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 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 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. 138 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 their expense, without reimbursement by the City or any improvement district therein. 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 provision§ of this Ordinance. 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. AccMtance 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 famish and maintain a bond for a period of 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 Planning and Economic 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 Planning and Economic 139 T I n Development or their designees has submitted a certificate stating that all required improfements 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. 3 that the lay out 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 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 25% of the principal amount. C. Escrow Deposits for Lot Improvements: Whenever any lot improvements required by this Ordinance cannot be completed due to the season of the year, the Director of Planning and Economic 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 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 Planning and Economic Development or their designees shall give 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 Planning and Economic 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 140 developer shall obtain and file with the City a notarized statement from the purchaser of the i - -� premises authorizing the City to complete the improvements at the end of the 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: 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 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 10% of lots in a subdivision, or the find 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. SECTION 800. ASSU RANCE FOR COMPLETION OF PRIVATE EMPROVEMEN 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 790. Assurance for Completion of Public Improvements, has been accepted by the City. If any developer or builder has been issued 1 or more building permits for 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. A. 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 6 inch, which shall contain no particles more than 2 ihches 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 141 T least 6 inches of cover on the lots and at least 4 inches of cover between the sidewalks and �- curbs, and shall be stabilized by seeding or plantings. B. 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 C. Debris and Waste No cut trees, timber, debris, rocks, stones, junk, iubbish 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. SECTION 810. VACATION OF PLATS A. Vacation of Undeveloped Subdivision When no lots on a plat of a subdivision have been sold, 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. 142 ARTICLE X: INFRASTRUCTURE IMPROVEMENTS SECTION 820. ADEQUATE FACHXMS REOUIItED A. hoose: 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 support the development. I 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, stormwater management, utilities, parks, and public safety. 2. Facilities shall be provided in a manner that is consistent with the Comprehensive Master Plan, this Ordinance 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. 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, electdc.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 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 830: Transportation Facilities. 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 143 .1 fire flow to meet established standards for fire protection. Water supply systems shall meet the standard$ specified in Section 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 850. Wastewater Treatment and Disposal. 4. Stormwater : An adequate stormwater 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, stormwater detention and retention facilities, off -site drainage improvement, and other improvements to mitigate the impacts of the proposed development. Stormwater management systems shall meet the standards specified in Section 860: S 4tormwater 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. SECTION 830. TRANSPORTATION FACILITIES A. Streets — General Requirements 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 Planning and Economic 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. 144 d. Local streets shall be planned in order to conform as much as possible to the topography, to Oiscourage 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 m inimize conflict of movement between the various types of traffic, including pedestrian. 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 th'e 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, 1 point of ingress to and egress from the development should be required for each 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. Nonresidential Development: The adequacy of the number of points of ingress to and egress from nonresidential developments shall be determined, based on the proposed uses and proposed site layout. 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. 145 3) Intersection with streets abutting the development: The impact of mJecti4g 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. 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. Sheet 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 shall not be longer than 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 48 feet to the back of the curb and a right -of -way radius of not less than 59 feet in accordance with standards of the 2003 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 minim radius of 35 feet. The temporary turnaround shall be constructed of asphaltic concrete with a minim depth of 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 for the area and proposed development. A special association shall be formed to maintain any private street. 146 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. Design Standard Street Ciassification Arterial Collector Residential Local Minimum ROW Width 80 feet 60 feet 60 feet 50 feet Minimum Street Width (B ack to Back of Curb 44 feet 36 feet 28 feet 28 feet Maximum Grade 7% 6% 8% 10% Minimum Design Seed 40 mph, 35 mph 30 mph 25 m h Number of Traffic Lanes 3 -6 2-4 3 2 Minimum Width of Traffic Lanes 12 feet 12 feet 11 feet 12 feet Sidewalk Required ' Both sides Both sides Both sides Both sides Sidewalk Width 5 feet 5 feet 5 feet 1 5 feet Curb and Gutter Required Required Reg uired Required On -Street Parkina 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 Ri t-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 3 to 1. 4. Street Ali mnment 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 J0 degrees 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 3 %z feet about the pavement surface, to an object 6 inches high on the pavement. 5. Intersections 147 F a. Streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. The minim angle of intersection of streets shall be 75 degrees. Not more than 2 streets shall intersect at any one 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 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 150 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 2 local streets shall be at least 20 feet and minimum curb radius at an intersection involving a collector street shall be at least 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 2% rate for a distance of 60 feet, measured from the nearest right -of -way line of the intersecting street. £ 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 2 and 8 feet above curb grade within the triangular area formed by imaginary lines that being at the intersection and follow street pavement edges for 25 feet and are connected by a line drawn across the lot. g. The cross -slope on all streets, including intersections, shall be 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 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 148 proposed may not be counted in satisfying yard or area requirements of this Ordinance. ; D. Streets — IpIprovements Curbs and Gutters Curbs and gutters shall be provided on all streets. Curbs shall not be less than 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 sub -base and curb and gutter. Adequate provision shall be made for culverts, drains, and bridges. All road pavement, shoulders, drainage improvements and structures, curbs, turnitrounds, and sidewalks shall be incorporated into the construction plans. GradiS 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 Sub grade Before grading is started, the entire right -of -way area shall fast 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 2 feet below the graded surface. Rock, when encountered, shall be removed to a depth of at least 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 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 149 t area at least 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. SECTION 840. WATER A. General Requirements 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 Fire hydrants 1hall be required for all developments in accordance with Appendix C of the 2003 International Fire Code. 2. Fire hydrants shall be constructed in accordance with the standards of KCAPWA. SECTION 850. WASTEWATER TREATMENT AND DISPOSAL A. 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 KCAPWA, 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/ Oversizina Upon recommendation of the Director of Planning and Economic Development, and the Planning and Zoning Commission, the Board of Aldermen may require that sanitary sewer lines be over -sized to accommodate planned development. 150 SECTION 860. STORMWATER MANAGEMENT (Al� 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 stormwater management system shall be designed and constructed in accordance with the standards of KCAPWA, unless otherwise noted in this section. 2. Stormwater 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 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 stormwater system. B. Nature of Stormwater 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 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 stormwater, 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 stormwater 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 Dr6nae Areas A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire 151 n .. 7 F 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 Ordinance. Such determination shall be verified and approved by the City. 4. Effect on Downstream Draina eg_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 of Poor 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 minim of 24 inches above the elevation of the one hundred year floodplain. A copy of the required floodplain fill 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 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 the City. 7. Best Management Practices (BIvII'1 The stormwater management system shall follow BW 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, dramageway, channel, or stream, there shall be provided a stormwater 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. 152 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 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. SECTION 870. UTII.xn ES 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 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 dedicate in conjunction with recordation of the final plat. SECTION 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 153 T 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 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 Progerty Owner. Upon receipt of an affirmative report the Planning and Zoning Commission shall notify the propefty 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 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 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. SECTION 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. 154 ARTICLE XI: ENVIRONMENTAL MANAGEMENT REGULATIONS SECTION 900. FLOOD HAZARD PREVENTION A. Findings of Fact: Statutory Authorization The legislature of the State of Missouri has in Chapter 89 (Section 89.020) of the State Statutes delegated the 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 looses 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 1 percent chance of occurrence in any 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 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. 155 n i. 7 �, 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 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(ax3); 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 (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 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 900.E. General Standards for Flood Hazard Reduction and Section 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 man -made 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. 156 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 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 �e 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 flood waters into the system. f New and replacement sanitary sewage systems shall be designed to m inimize or eliminate infiltration of flood waters into the systems and discharges from the system into flood waters. 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 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 900.C. Lands to which-this Article Applies. 157 i F. 5Mific 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 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 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 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 watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynainic 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 2 openings having a total net area of not less than 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 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 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 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. 158 SECTION 930. LAND DISTRUBANCE 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 Ordinance 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. 159 n _ 7 U. 5. Recreational Vehicles Recreational vehicles placed on sites within special flood t hazard areas on the conimunity's FIRM shall either be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use. SECTION 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 350 feet riverward and 500 feet landward from the centerline of the L-385 Levee Project. C. Regulations Work within the Levee Critical Area must comply with all Corps of Engineers guidelines, rules and criteria for construction on or adjacent to Federal levees as well as other City requirements. Information concerning these criteria is published in the "Guidance for Work Proposed Near ?r Within a Federally Constructed Flood Control Project" from the Corps of Engineers, as well as the US Army Corps of Engineers Website located at bM: / /www nwk.usace army mil /local protection/levees.html SECTION 920. STREAM BUFFER AND SETBACK REGULATIONS A. ose: This section sets forth requirements for the protection of natural streams as a conveyance for stormwater. 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. Anvlicability 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. SECTION 930. LAND DISTRUBANCE 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 Ordinance 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. 159 n _ 7 U. B. Sm 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 Planning and Economic 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 aby of inspections and enforcement. 2. In lieu of cash escrow, a bond or surety for not less than $1,000.00 may be provided for each grading site, subject to all the terms and conditions of this Ordinance, 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 refimded 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: 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 water course as approved by the Department of Public Works as a suitable place to deposit and receive such waters. Where possible, water shall be dispensed by convex surfaces to dissipate water energy and velocity and disperse volume over a greater surface area before being carried to a storm drain or water course. 4. Protection of Streets and Propgrty: 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. 160 5. Fill Location: No fill shall be made so as to cause or to allow the same to be �.. deposited upon or to roil, 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; nor 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 260.B: Exemptions. 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 3 horizontal to 1 vertical. b: No filt shall be made which creates an exposed embankment face steeper in slope than 3 horizontal to 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 below, minimum standards for land disturbance shall be as follows: a. No land disturbance shall occur within 50 feet of any creek, stream, water runoff channels or ravines or in other areas determined by the Director of Planning and Economic 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 Ordinance, 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 Planning, shall establish regulations for the granting of 161 permits so as to enforce this Ordinance 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 Planning, 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 Ordinance or other development regulations of the City of Riverside. b. Modifications: Any party seeking a permit may request a modification of any 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 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 2/10 of a foot of accepted elevation after allowance has been made for thickness of topsoil, paved areas and other installations. 162 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. 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. g. The maximum uncompacted thickness of layers of the fill to be compacted shall not exceed 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. L 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: Paved areas — Two (2) feet below subgrade Lawn areas — Two (2) feet below finished grade Solid rock, shale or similar materials shall be removed to a depth of 15 inches below subgrade for paved area and 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 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 163 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 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 beipg caused to any street or sheets in the City by such usage, or if they find the welfare of the City so requires, they may, upon 1 day's 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 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 sheets, showing the condition of the pavement, curbs, sidewalks and other physical features, which shall be dated and a memorandum made of the location shown by each photograph. Within 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 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 }dace 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. 52illingMaterials 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 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. S. 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 idjacent public 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 165 r 11 1 a. — — – - T i, 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. Ngise: 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 Ordinance. 2. Any usage of the applicant's surety shall be followed by a written explanation by the Director of Planning and Economic 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 Ordinance in the absence of, or in addition to, the issuance of a notice of violation. I. Ri t-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 provisions of this Subsection relating to issuances of it permit prior to excavation shall not apply. In such case the person making 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 day the City Public Works Office is open after the emergency work is commenced. 3. Anlication 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 166 approximate time work thereon will be commenced, and shall state the length of time appli cant 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 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, 5 of this Section. 5. poosit. 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 $100.00. The maximum deposit shall not exceed $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 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 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 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 City within 30 days. Failure to pay said costs shall constitute cause to deny future applications for grading or excavation until any default is fully cured. 167 T ¶ 1. g. Failure of the applicant to call for the final inspection within 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 $100,000.00 for bodily injury to each person, $300,000.00 for bodily injury to all persons in 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 dffect 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 $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 Makina 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 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 3 full working days, Saturdays, Sundays and legal holidays excepted. Excavations shall be covered or fenced when work is not in progress. Excavations in roadways shall be backfilled or covered with steel plates at the end of the workday to allow traffic to safely cross over the excavation. 168 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 appropriate Fire Department have been notified. S. 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 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 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 95 percent 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 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 8 inches placed in layers not greater than 3 inches nor less than 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 ;hhaight, cut full depth and squared with a concrete saw or replaced to a joint. A six-sack Portland cement concrete shall be placed on the compacted backfill. The concrete thickness shall be 7 inch minimum. The concrete surface shall be 169 1 1. finished to match the surrounding finishes. The concrete shall be protected from traffic for 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 -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 9. All work shall be guaranteed from defects for a period of 1 year after the inspection. 10. Inspection of Backfill 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 of Public 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 tb be dangerous to persons passing along said street, highway, alley or other public place. 170 14. Inspections. Inspection fees for each inspection performed shall be in accordance F with Section 1110. Schedule of Fees. A minimum of 1 inspection shall be required for each permit. i� 171 T. ARTICLE XII: NONCONFORMITIES SECTION 940. GENERAL PROVISIONS A. ose: 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 Ordinance, but that do not conform to all of the applicable requirements of this Ordinance. Such instances shall be considered legal nonconformities. B. Policy: It is the general policy of the City to allow legal nonconformities to continue to exist, but to bring as many aspects of such situation into conformance with this Ordinance 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 nonconformity 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 nonconformities shall be allowed to continue in accordance with the regulations of this Article. D. Determination of Legal Nonconforming Status: tatus: The burden of establishing that a nonconformity legally exists is to the property owner and not the City. E. Repair and Maintenance: Repairs and normal maintenance required to keep nonconforming 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 nonconformity shall be permitted, provided there is no change in the nature or character, extent or intensity of such nonconformity. SECTION 950. LEGAL NONCONFORMING USES Legal nonconforming uses shall be subject to the following standards. A. Expansion: A legal nonconforming 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 Ordinance and no additional accessory use, building or structure shall be established on the site of a legal nonconforming 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 Ordinance. B. Relocation: A legal nonconforming 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. C. Change of Use: A legal nonconforming 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 nonconlorming use. The Director of Planning and Economic 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 172 appeal to the Board of Zoning Adjustment. A legal nonconforming use may not thereafter be changed back to a less conforming use than it was changed from. D. Discontinuance and Abandonment: If a legal nonconforming use ceases for any reason for a period of 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. E. Residential Uses: Any structure that is devoted to a legal nonconforming residential use, provided there are not more than 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 nonconformity that existed prior to the destruction. Reconstruction must commence within 1 year of destruction. if such reconstruction does not commence within the stated time frame, the nonconformity shall be considered abandoned and the subsequent use of the land shall conform to the regulations of the zdning district that such land is located. F. Sale of Used Motor Vehicles Any person or firm who obtained a special use permit prior to the effective date of this Ordinance to allow the sale of used motor vehicles in the C -1 district may continue to operate the business as a legal nonconforming use. However the special use permit shall be revoked if any of the following occur: 1. The special use permit expires. 2. The person or firm is in violation of this Ordinance or any condition of the special use permit approval. 3. 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 6 months after the death of the permit holder. SECTION 960, LEGAL NONCONFORMING STRUCTURES Legal nonconforming structures shall be subject to the following standards. A. Expansion: A legal nonconforming structure shall not be expanded, enlarged or extended. B. Relocation: A legal nonconforming structure shall not b 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. C. Damage or Destruction: 1. In the event that any legal nonconforming structure is damaged or destroyed, by any means, to the extent of more than 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. 2. When such damage or destruction is 50% or less, the legal nonconforming structure may b restored, provided a building permit is obtained within 6 months from the time of such damage or destruction and restoration is completed within 1 year after 1 1�1' 173 the date the building permit was issued. The time limit may be extended at the -- - discretion of the Director of Planning and Economic Development. D. Existing Building Permits: Nothing in this Ordinance 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 Ordinance. SECTION 970. LEGAL NONCONFORhMG LOTS Legal nonconforming lots shall be subject to the following standards. A. A legal nonconforming lot shall not be used or sold in a manner that would increase its degree of nonconformity. B. A structure may be constructed on any single legal nonconforming 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. SECTION 980. OTHER LEGAL NONCONFORW=S A. Applicability The types of other legal nonconformities that this section applies to include, but are not limited to: (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 nonconformities 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 Ordinance as to fences, landscaping and buffering, off - street parking and other nonuse and non - property ,dimension standards. SECTION 990. NONCONFORMMS 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 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 Ordinance without resort to the Board of Zoning Adjustment. 174 1.. ARTICLE XIII: VIOLATIONS AND ENFORCEMENT SECTION 1000. RESPONSBELITY FOR ENFORCEMENT The Director of Planning and Economic Development or their designees shall enforce this Ordinance. SECTION 1010, TYPES OF VIOLATIONS Any of the following shall be a violation of this Ordinance and of law and shall be subject to the remedies and penalties provided in this Ordinance, the City Municipal Code or the general police powers granted by Missouri law: A. 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 Ordinance, without all of the required permits, approvals, certificates and other forms of authorization required by this Ordinance in order to conduct or engage in such activity. B. 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. C. Subdivision. Devel2pment 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 activity upon land or • improvements thereon. D. Subdivision. Develppment or Use Inconsistent with this Ordinance 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 Ordinance, or any amendment thereof. E. Make Lots or Setbacks Nonconforming To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this ance and the Final Plat or Site Plan. F. 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 Ordinance. G. Continuing, Violations To continue any of the violations of this Section, each day that a violation continues shall be considered a separate offense. H. Removing, Defacing Lr Obscuring Notice To remove, deface, obscure or otherwise interfere with any notice required by this Ordinance. 175 T SECTION 1020. REMEDIES AND ENFORCEMENT POWERS The City shall have the following remedies and enforcement powers. A. Withhold Permits 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 Ordinance or of a condition or qualification of a permit, certificate, approval or otherauthorization 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. 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 dncorrected violation of a provision of this Ordinance 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. B. Revoke Permits: Any permit may be revoked when the Director or their designees determines: 1. There is departure from the plans, specifications or conditions as required under terms of the permit; 2. The same was procured by false representation or was issued by mistake; Any of the provisions of this Ordinance are being violated. Such revocation may also include 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. C. Ston Work With or without revoking permits, the City may stop work on any building, structure or project on any land that there is an uncorrected violation of a provision of this Ordinance or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under its building codes. D. Revoke Plan or Other Approval Where a violation of this Ordinance 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. E. Injunctive Relief The City may seek an injunction or other equitable relief in court to stop any violation of this Ordinance or of a permit, certificate or other form of authorization granted hereunder. 176 F. Abatement The City may seek a court order in the nature of mandamus, abatement, All injunction or other action or prdceeding to abate or remove a violation or to otherwise restore the premises in question to the condition that they existed prior to the violation. G. Penalties The penalty for a violation of this Ordinance 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. H. Other Remedies The City shall have such other remedies as are ana 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. SECTION 1030. REMEDIES CUMULATIVE The remedies and enforcement powers established in this Article shall be cumulative. SECTION 1040. ENFORCEMENT PROCEDURES A. Non - Emergency Matters In the case of violations of this Ordinance 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 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 Ordinance 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. SECTION 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 Ordinance shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous and valid ordinances and laws. SECTION 1060. VIOLATIONS OF PRIOR REGULATIONS All violations under th previously existing regulations that exist within the City as of the effective date of this Ordinance, shall continue to be violations and shall not be considered to be legal, `-- nonconforming situations under this UDO. The City shall have the authority to secure remedies for 177 violations of those regulations to the same extent that it may secure similar remedies for violations of this Ordinance. SECTION 1070. PENALTY FOR VIOLATIONS AND CIVIL REMEDIES A. Civil Citations: If the Director or their designees determines that a violation of this Ordinance 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 Ordinance 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 Ordinance are hereby declared to be public offenses and, pursuant to the authority of RSMo. 89.120, misdemeanors. The owner or general agent of a building or premises where a violation of any provision of the regulations has been committed or exists, or the lessee or tenant of an entire building or entire .premises where a violation has been committed or exists, or the owner, general agent, lessee or tenant of any part of the building or premises in which a violation has been committed or exists, or the general agent, architect, builder, contractor or any other person who commits, takes part in or assists in any violation or who maintains any building or premises in which any violation exists shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day the violation continues or by both the fine and imprisonment, in the discretion of the court. 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 Ordinance 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 Ordinance, or any building, structure or land is proposed to be used in violation of this Ordinance, 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. 178 ARTICLE XIV: DEFINITIONS , SECTION 1080. RULES nF INTERPRETATION A. For the purpose of this Ordinance, 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 as 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" is 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 ny land or building, shall be construed to include the words "intended, arranged designed SECTION 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 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. ACCESSORY STRUCTURE A subordinate structure or building which is clearly and customarily incident to the principal structure or building, an d which is located on the same lot as the principal structure. Any accessory structure or building attached to a principal building or 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. 179 11 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. "Riskprem1wn 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 take off 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. property : A public or private right -of -way primarily designed to afford secondary access to abutting 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 CARE, LIMITED: A facility providing animal care, boarding or veterinary services for household pets, with no 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. 180 ANTENNA HEIGHT The overall vertical length of the antenna support structure and the antenna. rL ANTENNA SUPPORT STRUCTURE Any structure, mast, pole, tripod, or tower utilized for the purpose of supporting an antenna or antennas for the purpose of transmission or receipt. APARTMENT A dwelling unit which is for rent or lease and is designed as part of a larger structure. APPLICANT Any person or organization who submits or who is required to submit any type of 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 1% or greater annual chance of flooding to an average depth of 1 to 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 flood plain within a community subject to a 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 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 - extinguish agent onto or in the area of a fire. AWNIN G : 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 1% chance of being equaled or exceeded in any given year. 181 T BASEMENT: The portion of the building that is partly underground which has more than one -half ( %s) of its interior height, measured fronj 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 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 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 of a tract, landscaped or planted so as to provide an attractive green space, having a grade not exceeding 2:1 and a width of not less than 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 2 buildings connected by a breezeway having a continuous roof shall be deemed as 1 building. BUILDING HEIGHT The vertical distance measured from the highest of the following 3 levels: 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. 182 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. CANOPY SIGN 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 ( %z) 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. CH[LD CARE CENTER A building where more than 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. CITY ATTORNEY The City Attorney or such licensed attorney designated by the Board of Aldermen to furnish legal assistance for the administration of this Ordinance. CITY ENGINEER The City Engineer or other such person as 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 top soil removal. COLLECTOR STREET A street intended to move traffic from minor streets to the major system of arterial streets and highways. A collector street generally serves a neigliborhood or 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 A dwelling unit which is under individual ownership and is designed as part of a larger structure. 183 CONTIGUOUS Land that touches other land with no intervening public street, alley, sidewalk, or other property owned and maintained by the public. 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. CONVALESCENT HOME A building where regular nursing care is provided for more than 1 person not a member of the family which resides on the premises. CORNER LOT: A lot situated at the intersection of 2 or more streets. CORPS The United States Army Corps of Engineers. COURT An open space bounded on 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 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, COMMERICAL An establishment providing daily care or supervision of individuals, for compensation, which is conducted in a structure other than a private residence. DAY CARE. LITY=D An establishment conducted in a private residence which provides daily care or supervision, for compensation, for no more than 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 Ordinance, decimal level shall be measured on the "A Scale" and referred to as Mb (A) ". DEVELOPMENT Any man -made 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. 184 DIRECTOR OF PLANNING AND ECONOMIC DEVELOPMENT: The person charged with the administration and enforcement of this Ordinance. 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 -IN RESTAURANT 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 th e 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. DWELLIN G : 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. i DWELLING. SINGLE - FAMILY A detached building arranged, intended or designed for occupancy by 1 family. DWELLING. TWO- FAMILY A building arranged, intended or designed for occupancy by 2 families. DWELLING MULTIPLE- FAMILY: A building or portion thereof, arranged, intended or designed for occupancy by 3 or more families living independently of each other. 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 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. 185 ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY A community for which the Federal Insurance Administrator has autporized the sale of flood insurance under the National Flood Insurance Program (NFIP). 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. EROSION AND 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. EROSION AND SEDIMENT CONTROL SPECIFICATIONS The erosion and sediment control design criteria and specifications adopted io writing by the City of Riverside, Missouri. ENGINEER A civil engineer that is registered as a professional engineer with the Missouri Board of Architects, Professional Engineers and Land Surveyors. 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 300 feet on each side of such lot along the same side of the street, but not beyond any intersecting street, established by 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 there from. 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 FIRM's 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. FAMII Y : 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 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. 186 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 there from. 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 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 mess #ge 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, I FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas from: 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 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 inundation by the regulatory flood. FLOOD HAZARD BOUNDARY MAP (FHBM1 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 O RM : 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. ; 1 -1� 187 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 REGULATORY FLOODWAY 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 1 foot. FLOODWAY 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 center line 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. FOOTCANDLE A standard unit when measuring the quantity of light, 1 footcandle shall equal the total intensity of light that falls upon a surface that is 1 square foot in area and is 1 foot away from a point source of light with the intensity of 1 candela or 1 candle. + f�j � p yy�r - 188 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 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 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. 1 3 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, LR ITED A facility providing 24 hour care in a protected living environment for no more than 7 persons with physical or mental disabilities and up to 2 house parents or caregivers. 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 THAN A BUILDING The vertical distance from the average ground level at the base of the structure to the highest part thereof. HIGH DENSITY Development in which the density is equal to or greater than 1 dwelling unit per 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: 189 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preli0iinarily 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; 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 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. 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 5 cats and/or dogs over 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 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 190 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 havi4g jurisdiction over such trafficway. LOCALS 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. LOT DEPTH 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. 3 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, or is approximately, parallel to the front lot line. If the rear lot line is less than 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 16 feet in length within the lot, parallel to, and at the maximum distance from front lot line. LOT LINE. SIDE Any lot boundary line not a front or rear lot line. A side line may be a party lot line, a line bordering on an alley or a side street line. LOT SPLTT The division of an established and legally approved or recorded subdivision lot into 5 or few lots for the purpose of a zero lot line development. LOT WID TH : 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 Ordinance. 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, exists 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 Any method of pressure or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with the �- aid of any mechanical, electrical apparatus or appliances with or without such supplementary aids as 191 rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointments or other similar - preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom treatment is provided or some third (3rd) person on his/her behalf will pay money or give any other consideration or perpetuity therefore. This definition shall also include treatment of the human body by means of baths of all kinds, including all forms or methods of hydrotherapy. MASSAGE SHOPS Any establishment having a source of income or compensation derived from the practice of massage, as defined above, and which has a fixed place of business where any person, firm, association, or corporation engages in or carries on any of the activities defined as "massage". 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. MEDIUM DENSITY Those residential zoning districts in which the density is between 15,000 and 40,000 square feet per dwelling unit. MID - AMERICA REGIONAL COUNCIL (MARCH 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 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 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's MOTOR VEHICLE Any self - propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys, or other public ways. 192 MUNICIPALITY Any city, township, village or county established pursuant to the Revised Statutes of Missouri. NEIGHBORHOOD PARK AND 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, structures for 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). N ONCOMMERCIAL MESSAGE Any message on a sign that is not a commercial message. NONCONFORMING USE, SIGN. YARD OR BUILDING A use, sign, yard or building that does not comply with the regulations of this Ordinance. NONRESIDENTIAL 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 practic@ 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 fbr the board and care or treatment of 3 or more unrelated individuals. OBSCENE MATTER Words, terms, phrases, graphics, pictures, illustrations or other copy 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; 193 T 1 : T U 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. OPEN SPACE 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. 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. 194 PARKING LOT. COMMERCIAL An open, otherwise unoccupied, hard - surfaced area used r exclusively for temporarily parking motor vehicles at a cost to the vehicle owner. PARKING SPACE A space within a public or private parking area for the temporary parking of 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. 3 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. PRELINIINARY 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. PRINCIPALLY ABOVE GROUND At least 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. PROPERTY LINES The dividing line between the street and the lot or the line separating adjacent properties. 195 T _. I 1 1. 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 a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. REGISTERED ENGINEER An engineer properly licensed and registered in the State of Missouri. REGISTERED LAND SURVEYOR A land 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 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 1 vehicular -traffic outlet. ROAD RIGHT -OF -WAY WIDTH The distance between property lines measured at right angles to the center of the street. 196 ROOF SIGN 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, funs, 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. SEDRvIENT Any solid mateaial, 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. SERVICE 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 3 or more shops, stores and other places of 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, or attracting attention. SIGN STRUCTURE 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. 197 T . . 1 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 an 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 180 days of the permit date. The actual start means either the first 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 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 of the National Flood Insurance Program (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. 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 story is half story when between 50% and 75% of its exterior walls are exposed to outside fight 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. 198 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 -WAY 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 Any land, vacant or improved, which is divided or proposed to be divided into 2 or more lots, parcels, sites, units, plots or tracts, for the purpose of offer, sale, lease or development. 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 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 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: 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 minim 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 an "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. TIlVIBERIN G : The act of cutting and removing trees without disturbing the root or adjacent vegetation. 199 1 11 - - -- • - — T �.. TOWER Any structure that is designed and constructed primarily for the purpose of supporting 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 cegters which also may provide out - patient 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. USEABLE OPEN SPACE Land which is: 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 Ordinance. 4. ' Accessible and available to all occupants of dwelling units for whose use the space is required. 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. 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. VARIANCE Relief from a provision of this Ordinance 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 activities. — 200 VEHICLE/ EOUIPMENT 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 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 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 or more of the building's sides is directly on the lot line. 201 ? 1 i. ARTICLE XV: FEES SECTION 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 Ordinance 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 20% of the initial permit fee for permits issued in residential zoning districts and shall be 50% of the initial permit fee for permits issued in all other zoning districts. SECTION 1110. SCHEDULE OF FEES Tei.ln 1. Tnvnlnmm� Annlinofinn Fae R rhednle Tylp of Application Fee Ordinance Text Ampndment $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 Change of Use Permit Minimal Change of Use Permit $50.00 Minor Change of Use Permit $100.00 Major Change of Use Permit $150.00 Vacation $100:00 Variance (BZA) $500.00 Appeals (BZA) $500.00 Sign & Billboard Permits Sign Permit $100.00 Billboard Permit $500.00 Temporary Sign Permit $50.00 Fence Permit $50.00 Building Permit Based upon valuation of work, see Table 2 and Table 3 Demolition Permit $250.00 Right-of-Way Permit $20.00 Right-of-Way Inspection $40.00 202 1 Table 2: Budding Permit Fee Schedule Total Valuation Building Permit Fee $1 to $2,000 $35.00 $2,001 to $5,000 $125.00 $5,001 to $10,000 $250.00 $10,001 to $20,000 $500.00 $20,001 to $50,000 1 $750.00 $50,001 and u $750.00 plus $3.00 for each additional $1,000 or fraction thereof. Tahle 3: Ruildincr Valuation Table Occupancy & Type / Cost per Sq Ft. Occupancy & Type / Cost per Sq Ft. Average Average 1. APARTMENT HOUSES 2. AUDITORIUMS Type I or II F.R. $88.70 Type I or II F.R. $104.80 (Good) $109.20 Type U -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 4. 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 6. 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 8. HOTELS & 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 T e V - N $74.70 203 '20V Occupancy & Type / Cost per Sq Ft. Occupancy & Type / Cost per Sq Ft. Average Average 9. MEDICAL OFFICES 10. 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 - I Hour $77.20 Type III - N $93.10 Type III - N $73.80 Type V - I Hour $90.20 Type V -1 Hour $72.30 Type V - N $87.00 Type V - N $68.10 11. PRIVATE GARAGES 12. 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 Type V - 1 Hour $33.70 13. RESTAURANTS 14. EDUCATIONAL Type III -1 Hour $97.40 Type I or II F.R. $111.20 Type III - N $94.10 Type II - 1 Hour $75.90 Type V - I Hour $89.20 Type III - 1 Hour $81.20 Type V - N $85.70 Type III - N $78.10 Type V - I Hour $76.10 Type V -N $72.60 15. SERVICE STATIONS 16. STORES Type II - N $67.20 Type I or II F.R. $82.40 Type III -1 Hour $70.10 Type II - 1 Hour $50.40 Type V - 1 Hour $59.70 Type II - 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 18. 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- 1 hr $40.00 Type III - N $76.20 Type II - N $37.00 Type V - I Hour $75.30 Type III -1 hr $44.00 Type V - N $71.20 '20V Section 2 . 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 3 . 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 4 . This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 5 . This ordinance shall take effect immediately. Passed this 10 ITY of 2006. i May'& Kathleen L. Rose