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HomeMy WebLinkAbout1952-34 Zoning City, Dividing into Zoning Districts, Restricting Uses, Defining Duties of Building Inspector and Board of Adjustment, Providing for Zoning CommissionBILL NO. 34 ORDINANCE NO. 34 AN ORDINANCE ZONING THE CITY OF RIVERSIDE, MISSOURI, UNDER THE PROVISIONS OF THE ZONING ACT OF THE STATE OF MISSOURI PROVIDED FOR BY THE REVISED STATUTES OF MISSOURI, 1949, FINDING AND DECLARING THAT THE PROCEEDINGS PRELIMINARY TO THE PASSAGE OF THE ZONING ORDINANCE UNDER SAID ACT HAVE BEEN FOLLOWED AS IN SAID ACT REQUIRED; DEFINING THE TERMS AS THEY ARE USED AND APPLIED IN THIS ORDINANCE; DIVIDING THE CITY INTO ZONE DISTRICTS AND FIXING THE BOUNDARY LINIES THEREOF; RESTRICTING THE USES TO WHICH THE LAND AND BUILDINGS OF EACH OF SAID DISTRICTS MAY BE PUT; REGULATING THE HEIGHT AND SIZE OF BUILDINGS AND OTHER STRUCTURES; REGULATING AND RESTRICTING THE AREA TO BE OCCUPIED BY BUILDINGS AND OTHER STRUCTURES UNDER A COMPREHENSIVE PLAN; CREATING AND DEFINING THE POWERS AND DUTIES OF A BUILDING INSPECTOR AND A BOARD OF ADJUSTMENT; PROVIDING FOR A ZONING COMMISSION AND RULES FOR AMENDING THIS ORDINANCE; REPEALING OR MODIFYING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING FOR PENALTIES FOR VIOLATING THE PROVISIONS OF THIS ORDINANCE. BE IT ORDAIHED BY THE MAYOR AND AND BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1.Definitions. - - For 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" means 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 BILL NO. 31 Page 2 ORDINANCE NO. 34 abutting thereon; the term "street line" means the dividing line between the street and the abutting property; "structural alterations" means any change in the supporting member of a building, such as bearing walls, columns, beams or girders. Section 2. Zones or Districts. - - On the basis of use for which buildings may be constructed, reconstructed, and occupied, the City of Riverside, is hereby divided in various kinds or classes of zones, to be herein designated as "districts." The districts are as follows: 1st. District A is to be a residence district for one family dwellings and duplexes. 2nd. District B is to be a residence district for apartment houses, hotels and motels. 3rd. District C is to be a public buildings' district for city, school, stated and federal buildings and other public uses. 4th. District D is to be the retail business district. 5th. District E is to be a special district in which trailers and trailer coruts for residence use may be maintained. 6th. District F is to be a special district in which tavern businesses may be operated. 7th. District G is to be for light and heavy industries. 8th. District H is to be a special district in which junking and wrecking yard business may be operated. Section 3. District Boundaries. - - The boundary lines of said eight zoning districts shall be as follows: A. District A shall be bounded on the south by a strip 300 feet wide adjoining the north side of Highway 45 from the west city limits to the junctions of said Highway 45 with High- way 69 and from said junction by a strip of 300 feed wide adjoining the north side of Highway 69 to its junction with Highway 71 and from said junction with Highway 71 by a strip 300 feed wide ad- joining the east and north sides of Highway 71 southeast to the east city limits. Said district shall be bounded on the west by the west city liits, on the north by the north city limits and on the east by the east city limits. B. District B shall consist of a zone 300 feet wide from each side of Highway 71 from the junction of said Highway 71 and Manden Road south and southeast along said Highway 71 to the Platte County Line; and of a zone 300 feet wide from each side of said Highways with the city limits to the junction of each of said Highways with Highway 71; and by a zone 300 feet wide from both sides of Highway 69 from its junction with Highway 71 northeast to the east city limits; and a zone com- posted of all the area encompassed within the triangle formed by the junctions of Highways 71, 69 and 45; and a zone composed of all of the area encompassed within the junctions of Highways 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 31 of Northwood Acres, and also a zone beginning at a point on the west line of Highway 71 at its BILL No. 34 page 3 ORDINANCE NO. 35 intersection with the north line of the Southeast Quarter of the Northwest Quarter of Section 4, Township 50, Range 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 Road 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 Mandan Road 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 Highway 71; and by a zone 300 feet wide from both sides of Highway 69 from its junction with Highway 71 northeast to the east City limits; and a zone composed of all of the area encompassed within the triangle formed by the junctions of Highways 71, 69 and 45; and a zone composed of all of the area encompassed within the junctions of Highways 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 be bounded on the south by the south city limits, on the west by the west city 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 and north 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 Highways 45 and 71. H. District H shall be bounded on the north by the C.G. & Q Railroad 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 restricted one-family dwellings and duplexes. BILL NO. 34 page 4 ORDINANCE NO. 34 District B shall be used for the same purposes as District A with the additional right to construct and operate therein apartment houses, hotels and motels. District C shall be the district for public uses and the following buildings and enterprises can be established therein; Schools, city buildings, churches, public parks and playgrounds and other proper public uses. The uses that can be made of Districts A and B 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: Banks Barber and Beauty Shops Business, Commercial Dancing or Music Schools Clinics and veterinarians and kennels Clothing or ready-to-wear stores Confectionaries Dry Goods or Notion Stores Drug Stores Dyeing, dry cleaning or laundry collection offices Dyeing, dry cleaning or laundry businesses Filling Stations Fix-it or radio repair shops Furniture homes or stores Florists or gift shops Garages for motor vehicles Grocery, fruit or vegetable stores Hardware stores Jewelry Stores Lodge and fraternal halls Messenger or telegraph service stations Meat markets or delicatessens Moving picture shows and theatres Offices, including ticket offices for railroad, steamship, bus and aviation lines Pastry shops Public parking lots or stations for passenger cars or taxis Restaurants or tearooms Retail trades or shops for custom work Shoe stores or shoe repair shops Photographers or artists' studios Painting and decorating shops Plumbing shops Telephone Exchange or public utility stations or subdivision Wholesale sales office or sample room Undertaking establishments Newspaper Job printing Skating 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 may be operated. BILL NO. 34 Page 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 additional 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 containing 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. The 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 Page 6 ORDINANCE NO. 34 A non-conforming use if changed to a conforming use or more restricted, non-conforming 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 apply 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. 34 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 terms 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. BILL 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 duty 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 direction, 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, Miissouri, 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 vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision of determination of any administrative official, or to decide in favor 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 Misdemeanor- - 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- mitted 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. BILL NO. 34 Page 9 ORDINANCE 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 illegal by any court of com- petent jurisdiction, it is the intent of the Board of Aldermen that such holding of the court shall in no way affect the legality of the remaining provisions of the ordinance. Passed this 16 day of April, 1952. /s/ F.F. Filger MAYOR ATTEST: /s/ Virginia Shields City Clerk Approved this 16 day of April, 1952.