HomeMy WebLinkAbout2156 Amending City Code Chapter 400 Relating to Special Use Permits Land Disturbance Permits and Public Park Restroom FacilitiesBILL NO. 2026-022 ORDINANCE NO. 2156
AN ORDINANCE AMENDING CITY CODE CHAPTER 400 RELATING TO SPECIAL
USE PERMITS, LAND DISTURBANCE PERMITS, AND PUBLIC PARK RESTROOM
FACILITIES
BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
SECTION 1 -ADOPTION OF AMENDMENT. Section 400.230 of the City Code of the
City of Riverside, Missouri is hereby added to read as follows (language to be added is
underlined; language to be deleted contains a strikethrough):
400.230. Special Use PermitApplications.
(underline)
A. Generally.
1. The purpose of s pecial use permits is to provide the City with a procedure for
determinin g the app ro priateness of a p ro posed use not authorized as a matter
of ri ght by the re gulations of the district in which the use is pro posed to be
located. The app ro p riateness of the use shall be determined in consideration of
surroundin g uses , activities and conditions of the site and of surroundin g areas.
Based upon this determination , the City ma y decide to permit, re ject or permit
conditionall y the use for which the special use permit is sou ght.
2. The Board of Aldermen ma y authorize by ordinance . under prescribed
conditions , the construction or undertakin g of an y s pecial use that is ex pressl y
permitted as a special use in a particular zonin g district: however. the Ci ty
reserves full authority to den y an y re quest for a s pecial use , to im pose conditions
on the use or to revoke a pp roval at an y time , upon a findin g that the permitted
s pecial use will or has become unsuitable and incom patible in its location as a
result of an y nuisance or activity generated by the use.
3. An app lication for a s pecial use permit ma y be filed by the owner of the sub ject
p ro perty or an y person with a financial, contractual or p ro prieta ry interest in the
sub ject pro perty who also submits the owner's consent to the a pp lication.
B. This Section sets out the required review procedures and review criteria for
special use permit applications.
1. Post-application conference . After submitting a special use permit application,
the applicant shall have a post-application conference as specified in Section
400.180(8), Post-Application Conference.
2. Application submittal requirements. All special use permit applications shall
include the following:
a. A completed application form.
b. A non-refundable fee as established in Section 400.1110, Schedule of Fees.
BILL NO. 2026-022 ORDINANCE NO. 2156
c. Legal description of the subject property.
d. Description of the proposal.
e. Copies of tax certificates from the County.
f. Proof of ownership or control of the property or permission from the property
owner.
g. A completed flood hazard and levee critical area information form, if
necessary. Applications involving the flood hazard or levee critical area may
not be reviewed by the Planning and Zoning Commission and Board of
Aldermen in the time frame outlined in this Section due to the time required
for additional agencies, such as the Corps of Engineers and levee district, to
review the application.
3. Review and report -Director of Community Development. The Director of
Community Development or their designees shall prepare a staff report that
reviews the proposed special use permit in light of the review criteria set forth in
this Section 400.180(Q), Review Criteria for Considering Applications. The
Director shall make available a copy of the report to the Planning and Zoning
Commission and the applicant prior to the scheduled Planning and Zoning
Commission public hearing.
4. Review and recommendation -Planning and Zoning Commission . The
Planning and Zoning Commission shall hold a public hearing on the proposed
special use permit within sixty (60) days of the date that a complete application
is filed, provided that the required notice can be given within that time . Following
the close of the public hearing, the Planning and Zoning Commission shall table
or recommend approval, modified approval or denial of the application and
transmit a written summary of its action and proceedings to the Board of
Aldermen. In acting on special use permits, the Planning and Zoning
Commission shall be authorized to recommend such conditions, safeguards,
restrictions or time frames upon the premises benefited by the special use permit
as may be necessary to reduce or minimize any potentially injurious effect upon
other property in the area or to carry out the general purpose and intent of this
Chapter, so long as the condition, safeguard or restriction relates to a situation
created or aggravated by the proposed use.
5. Review and action -Board of Aldermen. The Board of Aldermen shall hold a
public hearing on the proposed special use permit within thirty (30) days of the
close of the Planning and Zoning Commission's public hearing . The Board of
Aldermen shall act to table, approve, approve with modifications or deny the
proposed special use permit within sixty (60) days of the date of the close of the
Board of Aldermen public hearing on the special use permit.
6. Conditions for approval. Special use permits may be approved with conditions,
BILL NO. 2026-022 ORDINANCE NO. 2156
safeguards, restrictions or time frames including, but not limited to, requirements
for special yards, open spaces, buffers, fences, walls and screening; the
installation of landscaping and maintenance; provisions for erosion control;
requirements for street improvements, dedications, limitations on ingress and
egress movements into and out of the site and traffic circulation; limitation on
signage; limitation on hours of operation and other characteristics of operation;
requirements of periodic review; time limits on the validity of the permit; and other
conditions deemed necessary to ensure compatibility with surrounding land
uses.
7. Review criteria . In re'1iewing all speoial use permit applioations, the reviei.ving
bodies shall oonsider the review criteria set forth in Section 400.180(Q) Review
Criteria for Considering Applications.
Standards. The burden of persuasion shall rest with the a pp licant to clearl y
establish to the satisfaction of the Board of Aldermen that the pro posed
conditional use will meet the followin g criteria. The Board of Aldermen shall not
a pp rove a s pecial use unless it finds that the app lication and evidence presented
clearl y indicate that the p ro posed s pecial use:
a. Com plies with all other a pp licable provisions of this Cha pter.
b. Will contribute to and promote the community welfare and convenience at the
s pecific location.
c. Will not cause substantial in ju ry to the value of nei g hborin g p ro perty.
d. Meets the a pp licable provisions of the City's Com prehensive Plan and an y
a pp licable nei g hborhood or sector plans and com plies with other a pp licable
zonin g district re g ulations and provisions of this Cha pter , unless good cause
exists for deviation there from.
e . Will provide , if a pp licable , erosion control and on-site stormwater detention in
accordance with the standards contained in this Cha pter.
f. Will be compatible with the surroundin g area and thus will not im pose an
excessive burden or have a substantial ne gative im pact on surroundin g or
ad jacent users or on community facilities or services.
8. Protest pel'ttons. In order to be considered valid, a protest petition must be duly
signed and acknowledged by the ovmers of thirty percent (30%) or more, either
of the areas of the land (exclusive of streets and alleys) included in such proposal
or within an area determined by lines drawn parallel to and one hundred eighty
five (185) feet distant from the boundaries of the subject property. If a 'lalid
protest petition is submitted to the City at least ten (10) days prior to Board of
Aldermen final aotion on the application, a special use permit shall not become
effective except by the favorable vote of two thirds (%) of all the members of the
Board of Aldermen.
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9. Expiration. Approval of a special use permit shall expire and the special use
permit shall be null and void should any of the following circumstances occur:
a. A building permit to effectuate the special use is not obtained within twelve
(12) months from the date of approval.
b. If a building permit is not required, substantial evidence of the use is not filed
with the Director of Community Development or their designees within twelve
(12) months from the date of approval.
c. The approved special use ceases operation for a period of twelve (12)
consecutive months. The twelve-month time period may be extended by up
to six (6) months if the applicant submits a written request to the Director of
Community Development or their designees for extension prior to the
expiration of approval.
d. The approved use changes site location.
10. Revocation. If there is a violation of, or non-conformance with, any of the terms
of approval, the special use permit shall be subject to revocation by resolution of
the Board of Aldermen after a public hearing is held.
11 . Vesting of rights.
a. The mere issuance of a special use permit gives no vested rights to the permit
holder.
b. A right to continue a specially permitted use shall vest only if the project is
constructed and the use actually started.
c. The right to continue a special use that was permitted prior to the effective
date of this Chapter shall last only as long as specified by the special use
permit, provided all conditions of said approval continue to be met.
d. Uses that are allowed without a special use permit prior to the effective date
of this Chapter, but are designated as special uses in this Chapter, shall be
allowed to continue as non-conforming uses provided the requirements of
Article XII Non-Conformities are satisfied.
12.Amendments. The procedure for amending a special use permit shall be the
same as required for the original approval.
SECTION 2 -ADOPTION OF AMENDMENT. Section 400.260.A.3 of the City Code of
the City of Riverside, Missouri is hereby added to read as follows (language to be added
is underlined; language to be deleted contains a strikethrough):
3. Relationship to other applications. Grading in preparation for any development
BILL NO. 2026-022 ORDINANCE NO. 2156
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. Exce pt as p rovided below . a land
disturbance permit shall not be issued until the associated rezonin g, s pecial use
permit, platting. or develo pment p lan app lication has been app roved.
Notwithstandin g the fore goin g. a land disturbance permit ma y be issued , with or
without conditions , prior to app roval of the associated a pp lication if the Director of
Community Develo pment finds that the pro posed gradin g is generall y consistent
with a conce ptual develo pment p lan submitted for informational purposes and that
the gradin g will not materiall y limit the · City 's ability to review or condition the
associated a pp lication. Issuance of a land disturbance permit under this subsection
shall not be construed to confer an y entitlement to , or ex pectation of, app roval of
an y rezonin g, special use permit. plat, or develo pment plan , all of which shall be
reviewed and decided inde pendentl y in accordance with app licable law.
SECTION 3 -ADOPTION OF AMENDMENT. That Title IV, Chapter 400 of the Municipal
Code is hereby amended by adding a new Section 400.452, to read as follows:
Section 400.452. Public Park Restroom Facilities
A. Purpose and Intent. This Section authorizes the City to install permanent public
restroom facilities within City-owned parks and recreational areas using modular or
prefabricated construction methods, including intermodal shipping containers. The
intent of this Section is to allow flexible construction methods for municipal park
infrastructure while ensuring compliance with applicable building codes and
maintaining compatibility with surrounding development.
B. Definitions.
1. Containerized Public Restroom Facility: A permanently installed public restroom
facility constructed in whole or in part from a modular or prefabricated structure,
including an intermodal shipping container (commonly referred to as a "CONEX"
container), which has been substantially modified for restroom and sanitation
use.
2. Public Park: Land owned by the City and designated or used for park, trail,
recreational, or open space purposes.
3. lntermodal Shipping Container. A standardized steel container originally
designed for the transportation of goods, which has been structurally altered and
repurposed for a permanent building use.
C. Applicability. Containerized Public Restroom Facilities are permitted only on
property owned by the City and used as a Public Park. This Section does not
authorize the placement or use of intermodal shipping containers for storage,
residential, commercial, or industrial purposes.
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D. Authorization of Use. Containerized Public Restroom Facilities are permitted as an
accessory municipal use within a Public Park. No rezoning, special use permit,
conditional use permit, or variance shall be required provided the facility complies
with all standards of this Section. The number and size of restroom facilities shall be
limited to that reasonably necessary to serve the park or recreational area.
E. Development and Design Standards.
1. Use Limitation . The facility shall be used solely for public restroom and sanitation
purposes. Limited accessory storage incidental to park and restroom operations,
including storage of cleaning supplies, paper goods, maintenance equipment,
and similar materials, shall be permitted.
2. Permanent Installation. The facility shall be permanently installed on a foundation
or slab and shall be permanently connected to public water, sanitary sewer, and
electrical utilities unless otherwise approved by the City.
3. Code Compliance. The facility shall comply with all applicable building, plumbing,
electrical, fire, health, and accessibility codes, including ADA requirements.
4. Appearance . The exterior of the container shall be architecturally finished so that
it does not retain the appearance of a freight or storage container. Visible logos,
serial numbers, or shipping markings shall be removed or obscured.
5. Safety and Access. The facility shall provide safe pedestrian access and shall
not interfere with emergency access or required park circulation.
F. Administrative Review. Prior to installation, the Community Development Director
shall review and approve a site plan demonstrating compliance with this Section,
including location, utility connections, and exterior treatment.
G. Conflict with Other Provisions. Because Containerized Public Restroom Facilities
authorized by this Section are municipal governmental facilities serving essential
public health and safety functions:
1. Zoning, architectural, landscaping, screening, setback, or development
standards that conflict with this Section shall not apply unless expressly required
by this Section.
2. In the event of a conflict between this Section and any other provision of the
Municipal Code, this Section shall control.
SECTION 4 -EFFECTIVE DATE. That This ordinance shall be in full force and effect
from and after the date of its passage and approval.
BILL NO. 2026-022 ORDINANCE NO. 2156
BE IT REMEMBERED that the above was read two times by heading only,
PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by
the Mayor of the City of Riverside this 17th day of March 2026 .
/s/ Kathleen L. Rose
Kathleen L. Rose, Mayor
ATTEST:
/s/ Melissa McChesney
Melissa McChesney, City Clerk