Loading...
HomeMy WebLinkAbout1952-34 - Adopting Zoning Ordinance3 <t BILL NO. 34 ORDINANCE NO. 34 AN. O''DiNANCE ZONING TEE CITY 0:7 RIVERSIDE, iIISSOURI, UNDER THE PROVISIONS 07 THE ZONING ACT 07 THE STATE O'_a' NISSOURI PROVIDED ,OR BY THE REVISED STATUTES 02 ::ISSOURI, 1949, _'INKING AND DECLARING THAT THE PROCEEDINGS PRELIMINARY TO THE PASSAGE OF - J.'HE ZOINING ORDINANCE UNDER SAiD ACT HAVE BEEN 7OLL0VJED AS IN SAID ACT D. TJIRED; DE7I iNG T: p,S AS THEY ARE USED AND APPLL:'D IN THIS ORDINANCE; DIVIDING THE CITY INTO ZONE DISTRICTS AND 7 IFG TEE BOUNDARY TI-�1"'-'+ T �T-'iT -� RESTRICTING TTT.� IX ,� _ _� �-0U_.._A__ LINES _ .:_JO._ , . _ USES TO is T-T N TT-r;? T -TTT p T.T^ TT 'T 1 C 7 T. r -T .1.._IC.,_ .._ LAND :1� �.:v�.L. L:,_TS TN :::AC" ��_' �Ai') .)iS_�?iC!'S :AY B'� PUT; R_7 'InI ' THE 7I:TGNT AND SIZE 07 BUILDINGS LILDJNGS AND OTHER ER STRUCTURES: 7 iNIATITG AND RESTRICTING THE AREA TO BE OCCUPIED A..il '_:il,)IT:GS 'J r1� .✓ OTHER STRUCTURES UNDER A '.,0 P'1�J,.:J S �.V_, PLAN; �T CR IUG ANT) _?I ITI THE POWERS AND DUTIES OF A BUILDING INSPECTOR AND A BOARD 01' ADJUST:' ITT; PROVIDIi:'-G FOR A ZOITING COT.;i',:ISSION AND RTTLES 70 R AI 'TT)ITING TTIS 07,DINANCE; 17,PEALING OR _0DI'YLT: ATL ORDiNANCES A?'7 PARTS 07 OT'DIJAITC TS 1f COT,^LICT VWI`J'_, THIS 0 .DI ;ANCE AND P''OViDIIT 707 P ;''A ITI S 70 IOLATING THE PT'.OVISIOOS OF THIS ORDINANCE. BE IT ORDAIHED 00 1010 I AYO- AND BOARD 07 AIDEION 00 THE: CITY O' RIVERSIDE, L:I.SSOURI, AS 7.'0LL0'WS Section 1. :Definitions. -- nor the purpose of this ordinance, the following words and terms, as used herein, are defined and shall have the following designated meanings: Words used in the present tense include the future; the word "shall" is mandatory and not directory; the word "building" shall include the word "structure"; the word "lot" includes "plot" and shall be a parcel of land occupied or to be occupied by a building; and its accessory buildings and includes such open spaces as are recuired under this ordinance and having a principal frontage on a street or avenue; a "corner lot" is a lot abutting_; on two or more streets at their intersection, and the frontage of a corner lot shall be on that street on which the City has the narrower dimension; the word "apartment" Deans a suite of rooms or a room. in an apartment house arranged, Intended, designed for or used as a place of residence of a single family or group of individuals living together as a single house -keeping unit; an "apartment house" is a building arranged, intended or designed for or occupied by more than two families; "hotel" means a building occupied or used as a more or less temporary abode of individuals or groups of individuals who are lodged with or without meals, and which has no provisions for cooking in individual rooms; the term "front yard" means an open space unoccupied by buildings or structures across the full width of the lot, extending from the front line of the building to the front street line of the lot; "private garage" is an accessory building for storage ' of motor vehicles only; "Accessory building" is a subordinate building customarily incident idoluw.nd located on the lot oc- cupied by the main building; "conforming use, building or lot" is one that does not, by reason of design or use, con- form to the regulations of the zoning district in which it is situated; the word "story" means that part of the building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof; "half story" means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story; the term "street" means a public thorough- fare or place which affords principal means of access to property GILT• No. 34 page 2 "street line" means the dividing a the term abutting propsrth; "structural line thereon; the and the r member of a trations" the stern change in the supporting '+ means any r walls, columns, beams or girders. alterations" as bearing building, such the basis of use Section 2.. Zones or Districts. _ 0nand be constructed, reconstructed, ec net uct ind various forc which the fa Riverside, vdriouicts." occupier, he City °zones to be herein designated as The d or classes e°as follows; she districts residence district for let. DistrictA is to be a r�.- one family dwell ngs and duplexes. District B is to be a residence district for 2nd. -o�els and motels. apartment housos, �• � district 3rd. )istrict C is to be a public buildings other dipustrict for city, schoo , - s a e and federal buildings and uses. Lth. District D 1S to qe the retail business district. a District E is to be a special district in which 5tcourts for residence use may be maintained• trailers and r�--a'iTer which 6th. District F is to be a special district in aye operated. tavern businesseand heavy industries. 7th. District Cs is to be for light District H is to be a special district in which Banmay be operated. junking and wrecE n� yard business ndary lines 3. District Boundaries. -- TheTboubOU ; of said eight zoning; districts shall be on the south by a strip District A shall be bounded from the the north side of Highway 1�5 High- way shwa, � 5 with Him w3ee0 feetcivri e a Jtn he, of said Highway `a'- adjoininggh- way city limits to the junctions oys feet wideand uncti9n by a strip 300Highway 71 way north9 and from said j to its junction with Hi y the side of Highway 69 by a strip 300 feet ad - from said junction with Highway 71Highway 71 southeastfetwide to ad- joining c i Said district shall be bounded on the; its the east and north sides of Iii„ the north- city byst ity licity•limits, on the north by the west city city limits. and on the east by the easta zone 300 wide B. District B shall consist O1 unction of feetaid Highway e o 7hway 71 from the junction Highway 71 from1each s wide from and of a zone 300 feet 71 and Vanden Road south and southeast 69 from thejunction to the Platte County Lifland of Highway bits to the jctionon each sideo of Highway wa5s with the city a zone 300 of each of said Higywith Highway 71; and by junction with of eachwof saidfrom bothHighways69from its limits; and a zone com- posedfig ayde northeast sidesoof east within the triangle formed Highway 71 ofareae the easa city ande a zone composed yof all of thef aencamp and L5; by the junctions of Highways 71, 69 unctions of highways and a zone 300 feet wide on each side of all of the area encompassed within t 69f and Valleyy Drive Line Creek; east subdivision Tract 1 Tract 2 of the side on of Tract from the northsoan line of line ofaTr a of 31 following and east to the71 at its 2 in Northwood Acres, an zoneof subdivision of cton3the west line of Hi. beginning at a point ORDINANCE NO. 314. BILL No. 34 page 3 ORDINANCE ITo. 34 intersection with the north line of the Southeast Quarter of the Northwest Quarter of Section 4, Township 50, :,an;e 33, thence west along said north line to the northwest corner of the Southeast Quarter of the Northwest Quarter of Section 4, Township 50, Range 33, thence south along the west line of the Southeast Quarter of the Northwest Quarter of Section 4, Township 50, Range 33, to a point 300 feet distant an.d perpen- dicular to the northwesterly right-of-way line of Highway b9, thence in a southwesterly and westerly direction along a line parallel to and 300 feet distant from the northwesterly line of Highway 69 to its junction with Highway 45. C. District C shall be bounded on the south by the junction of Highway 71 and Mandan 3oad and shall be bounded on the east by a line 300 feet east of highway 71 and on the west by a line 300 feet west of Highway 71 and north by the north city limits. D. District D Is to consist of a zone 300 feet wide extending from each side of Highway 71 from the junction of said _Highway 71 and Landan goad south and southeast along said Highway 71 to the Platte County line; and of a zone 300 feet wide from each side of Highway 45 and of Highway 69 from the junction of each of said Highways with the City limits to the junction of °each of said highways with Ilighway,71; and by a zone 300 feet wide from both sides of _ighway b9 from its junction with -Highway 71 northeast to the eas$ City limits; and a zone composed of all of the area encompassed within the triangle formed by the junctions of I'_ighways 71, 69 and L5; and a zone composed of all of the area encompassed within the junctions of Tii;.hways 69 and 71 and Line Creek; and a zone 300 feet wide on each side of Valley Drive from the south line of Tract 2 of the subdivision of tract 31 following north and east to the east line of Tract 1 of the subdivision of Tract 32 in Northwood Acres, and also a zone 300 feet wide on the north and northwest side of :Highway 69 from its junction with High- way 45 south and southwest to its junction with Highway 71. E. District E is to he pounded on the south by the south city limits, on the west by the west Citt* limits, on the north by a line 300 feet south of Highway 45 and Highway 71, and on the east by the east city limits. F. District F shall consist of a zone 300 feet wide on the east anTnorth side of Highway 71 from the junction of said Highway 71 with Line Creek southeast to the Platte County line. Also, area encompassed within Line Creek from the west line of highway 71 to the South City limits, the south City limits, the east City limits, and the north line of Highway 71, and a zone composed of the area encompassed wit --in the junctions of .ighways 69 and 71 and Line Creek. CT. District G shall be bounded on the west by the west City limits, on the south by the south City limits, on the east by the east City limits, and on the north by a line 300 feet south of Ili: h.ways t 5 and 71. H. District H shall be bounded on the north by the C. D. Q. _1"1if1road right of way on the east by the east City limits, on the south by the river and on the west by Tillson Lane. Section 4. District Restrictions -- The specific uses for which the several districts shall be put to are as follows: District A shall be the high class residence district restricTe7To one -family dwellings and duplexes. BILL HiO. page 4 OEDITTANCE ro. 34 District B shall be used for the same purposes as District A wit.l the additional right to construct and operate therein apartment houses, hotels and motels. District C shall be the district for public uses and the fell -owing buildings and enterprises can be established therein; Schools, cite buildings, churches, public parks and playgrounds and other proper public uses. The uses that can be made oC Districts A and T3 also apply to this district. District D shall be known as the retail business district, and- the businesses which may be carried on in this district are as follows; ar_ k s Barber and Beauty Shops usj.ness, Co.°mercial, :Dancing or Iusic Schools Clinics and veterinarians and kennels Clothing or ready-to-wear stores Confectionaries I)ry "Dods or Motion Stores Drug Stores Dyeing;, dry cleaning or laundry collection offices Dyeing, dry cleanin~ or laundry businesses bi_llin Stations ?ix -it or radio re'Tar shops _'urniture homes or stores 'Florists or gift shops rlara;es for motor vehicles 'ITrocery, fruit or ve-etable stores TIardware stores Jewelry Stores Lodge and fraternal halls Iossen,_rer or telegraph service stations ;.':eat r: Markets or delicatessens :ovine,; picture shows and theatres Offices, includi.n_: ticket offices For railroad, steamship, bus and aviation lines pastry shops Public parkin; lots or stations forlassenger cars or taxis 'estaurants or tearooms 'etail trades or shops for custom work Shoe stores or shoe repair shops photograehers or artists' studios Painting and decorating shops Plumbin shops Telephone Exchange or public utility stations or subdivision Wholesale sales office or sample room Undertaking establishments Newspaper Job printing SkatinT; rink or dance hall Warehouse The same uses can be made of this district as of District B with the additional right therein to conduct retail business. District E shall be the only district in which trailers or trailer courts for residential purposes may be maintained. District P shall be the only district in which tavern businesses a�.'"'fte operated. BILL r ro. 34 rage 5 ORDINANCE NO. 34 District G shall be known as the light and heavy industrial district. All of the uses which can be made of District D can be made of this district with the addi- tional right to carry on light or heavy industries. Such light or heavy industries shall include all lawful businesses which are not otherwise provided for or prohibited by the terms of this ordinance. District H shall be the only district in which junkyard or wrecking businesses may be conducted. Section 5. Rules for classification. -- Any building or business enterprise not heretofore listed and classified in a zoning district may be classified and located by the Building Inspector, subject to review and re-classification and location, however, shall reasonably come within the general intent and purpose of this ordinance in classifying and locating buildings and business enterprises. Section 6. Building Restrictions. The building restrictions shall be as :follows; District A. No residence or duplex shall be erected on a lot contaffgEg less than 6000 square feet per living unit intended to occupy said building, nor shall such lot be less than 60 feet wide at the front building line. All residences and duplexes shall set back at the foundation line not less than 35 feet from the front property line. All residences and duplexes must set back from the side property lines at least six feet. Any unattached ,garage or other out -building must set back at least two feet from the side and back property lines. District B. All apartment houses, hotels and motels must set back from the side property lines at least six feet. All streets in all districts shall be in accordance with specifications provided by ordinances of the City. Section 7. Non -conforming Uses. -- A non -conforming use of existing buildings or land lawfully existing at the time of the passage of this ordinance, although such. use does not conform to the provisions hereof, may be continued, subject to the provisions of this ordinance or any amendments thereto, but if such non -conforming use is discontinued or title to the land and buildings shall be conveyed by the lawful owner of said land and buildings, who owned said land and buildings at the date of the passage of this ordinance and such land and buildings are located in District A or in such portion of District B as is not included within the boundaries of District D, then any future use of said premises shall be in conformity with the provisions of this ordinance. If such land and buildings are not located in District A or in such portion of District B as is not included within the boundaries of District D then such non -conforming use may be continued. "she provisions of this ordinance shall apply to any alterations of a building to provide for its use for a purpose or in a manner different from the use to which it was put before the alterations. BILL NO. 34 pane 6 ORDINANCE NO. 34 A non -conforming use if changed to a conforming use or more restricted, non-conf ormin- use, may not thereafter be chaned back to a less restricted use than that to which it was changed. If any property is hereafter transferred to a more restricted district by a chance in the district boun- daries, or the regulations and restrictions in any district are made more restrictive or of a higher classification by amendment to this ordinance, the provisions of this ordinance relating to the non -conforming use of buildings or premises existing at the time of the passage of this ordinance, shall a-Dply to buildings or premises occupied or used at the time of the passage of such amendment. A building arranged, designed or devoted to a non- conforming use at the time of the passage of this ordinance, may not be reconstructed or structurally altered to an extent exceeding in aggregate cost, during any ten-year period, sixty (60) per cent of the assessed value of the building. Section 8. Completion and Restoration of Existing Building. -- Nothing herein contained shall require any change in the plans, construction or designated use of a building for which. a building permit has been heretofore issued, and plans for which are on file with the City Clerk at the time of the passage of this ordinance and the con- struction of which in either case shall have been diligently prosecuted within one year of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within such year and which entire building shall be completed, according to such plans as filed, within two years from the date of the passage of this ordinance. Nothing in this ordinance shall prevent the restoration of a non -conforming building_ partly= destroyed by fire, ex- plosion, act of God, or act of the public enemy, subsequent to the passage of this ordinance, or prevent the continuance of the use of such a building orpart thereof, as such use existed at the time of such destruction of such building or mart thereof, or prevent a change of such existing use under the limitations provided herein, provided such building is not destroyed to the extent of more than seventy-five (75) per cent of its reasonable valuation. This ordinance shall prevent the restoration of such non -conforming building so damaged more than seventy-five (75) per cent of the reasonable valuation, and shall prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage, and shall prevent a change of such existing use under the limitations provided by this ordinance. The provisions of this ordinance shall not apply to prevent the extension of any building, existing in any district at the time of the adoption of this ordinance, to the height which the walls, foundations and framework of such existing buildin,, originally were intended, designed and constructed to carry; provided, however, that the actual construction of the extensions in height permitted by this paragraph shall have been duly commenced within five years from the date of the adoption of this ordinance. Section 9. Interpretation -- purpose. -- In inter- preting and a -plying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion BILL NO 34 page 7 ORDINANCE NO 14 of the health, safety, morale and the general welfare. It is not intended by this ordinance to repeal, abrogate, annul, or in any way to impair or interfere with any existing provisions of law or ordinances or any rules or regulations previously adopted pursuant to law relating to the use of buildings or premises; nor is it intended by this ordinance to interfere with or abrogate or annul any easements or cov- enants between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises than are imposed by such existing pro- visions of law or ordinance or by such rules or regulations or by such easements, covenants, or agreements, t he provisions of this ordinance shall control, and where the provisions of such easements, covenants, agreements, laws or ordinances impose greater restrictions upon the use of buildings or premises, such provisions of such easements, covenants, agree- ments, laws or ordinances shall not be interfered with by any of the provisions of this ordinance. Sections 10. Zoning Commission. -- Pursuant to the requirements of section 89.070, Iiissouri Revised Statutes 1949, a Zoning commission shall be appointed to be composed of five members. The members of such commission who shall be freeholders shall be appointed by the Mayor and app®oved by the board of aldermen. The membership for the first commission appointed following the adoption of this ordinance shall serve respectively-; One for one year, one for two years, one for three years, one for four years, and one for five years. Thereafter members shall be appointed for t erms of five years each. The powers and duties of this Zoning Commission shall be those set forth in said Act of the Legislature and by the provisions of this ordinance. Section 11. Future Amendments. -- The board of aldermen may, from time to time, on its own motion or on petition or recommendations, after due public notice and hearings thereon at which parties in interest and citizens shall have opportunity to be heard as provided herein, amend, change, modify or repeal regulations and restrictions as established herein and' may change, restrict or extend the boundaries of the various districts established herein. Before taking any action upon any proposed amendment, modi- fication, change, restriction or extension, the same shall be referred by the board of aldermen to the Zoning Commission, which commission, after due public notice and hearing, shall submit a report to the board of aldermen containing its recommendation thereon. Section 12. `protest.-- If a protest against such amendment, change, modifications, repeal, restriction or extension shall be presented, duly signed and achnowledged by the owners of ten (10) per cent or more, either of the land (exclusive of streets and allys) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amend- ment shall not be passed except by three -fourths vote of the Board of Aldermen in the passage of the amending ordinance. Section 13. Notice of Bearings.-- No action on an amendment, change, modification or repeal shall be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days notice of the time and place of said hearing shall be published in an official paper, or a paper of general circulation in the City of Riverside, Missouri. BI L NO 34 Page 8, ORDINANCE. NO 34 Section 14. Buil ding Inspector.*:: There is hereby created the position of building inspector to serve at the will of the board of aldermen and not for any definite term. His compensation shall be fixed by the board of aldermen. Appeal from his rulings shall be to the board of Adjustment for disposition. Section 15. Enforcement.-- It shall be the c,uty of the building inspector to enforce the provisions of this ordinance and refuse to issue any building permit for any building or structure which would violate any of the provisions hereof, and the said building inspcetor or any deputy or inspcetor working under his dttection, by and with the consent of the building inspector, is hereby authorized and instructed to arrest, prosecute, or bring any proceedings in a proper court in the name of the city of Riverside, Iiissouri, against any person violating any of the terms of this ordinance, and in case any building or structure is erected, constructed, re -constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, said building Inspector is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, construction, re -construction, alteration, repair, conversion or use, to restrain, correct or abate such violation and to prevent any illegal act, conduct or use on or about such premeises. Section 16. Board of adjustment.-- Pursuant to the requirements of section 89.080 Revised Statutes of Missouri 1949. there is hereby created a Board of Adjustment, to be composed of five members. Their appointment, qualifications, terms of office, powers and duties shall be those set forth in said act of the legislature. This Board, after organization, shall promulgate rules not inconsistent with this ordinance for handling matters properly within its jurisdiction. All necessary expenses created by the Board in carrying on its work and not properly chargeable to tither pa ries shall be paid for out of funds of the city to appropriated for the purpose. Section 17. Four -Fifths Vote-- The concurring vo re of four members of the board of adjustment shall be necessary to reverse any order, requ-.rement, decision of determination of any administrative official, or to decide in favott of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect anyj, variation in such ordinance. Section 18. Violation of Act of Iisdemeanor-- The owner or general agent of a building or premises where a violation of any provisions of the regulations of this ordinance has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been con - mitt ed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maint ains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars (10.00) and not more than One Uundred (100.00) Dollars for each and every day that such violation continues. _'"ILL sv O . 34 pa^>e 9 07,DINAT.CE NO. 34;- Section 19. All ordinances and parts of ordinances in conflict or inconsistent with this ordinance are hereby repealed, except as otherwise provided for in this ordinance. Section 20. Should any clause, sentence or paragraph of this ordinance be declared ille„al by any court of com- petent jurisdiction, it is the intent of the 'Lard of Aldermen that such holdin;_-, or the court siaall in no way affect the le ality of the remainin- provisions of the ordinance. ATTTST passed this /12 day of �%'�iL 1952. vOR'/ Approved this ) , day of y,og j_AL___, 1952.