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HomeMy WebLinkAbout2003-038 - Temporary Moratorium on the Submission and Consideration of Rezoning ApplicationsBILL NO. 2003-38 ORDINANCE N0.2003-38 AN ORDINANCE PLACING A TEMPORARY MORATORIUM ON THE SUBMISSION AND CONSIDERATION OF REZONING APPLICATIONS AND BUILDING PERMIT AND OTHER DEVELOPMENT APPLICATIONS WITHIN AREAS DESIGNATED AS COMMERCIAL ZONING DISTRICTS WHEREAS, the City of Riverside desires to consider certain proposed changes and/or amendments to the City's zoning code with respect to those areas and districts currently zoned "C- 1" (the "Subject Area"). WHEREAS, the City has and is engaged in a comprehensive road improvement plan which includes improvements to the City roads and streets throughout the Subject Area. WHEREAS, in order to properly study, refine, and consider the adoption of the proposed zoning regulations and restrictions, and a new zoning designation, for the Subject Area, and to ensure uniformity and fairness to all which may be affected in the Subject Area, the City desires to place a temporary moratorium on the submission, consideration and approval of (i) rezoning applications; (ii) building permit applications; (iii) special use permit applications; (iv) certain change of use permit applications; (v) grading permits applications; and (vi) all other development applications related to new development and/or remodeling rehabilitation of property within the Subject Area. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. No applications for rezoning of property within the Subject Area, nor building permit applications, special use permit applications, change of use permit applications (except those which do not require a site development plan), grading permit applications or other development applications related to development and/or rehabilitation or remodeling of or at property within the Subject Area, will be accepted or considered by the City until the earlier of: (i) May 30, 2003; or (ii) the adoption of the new zoning regulations and restrictions, and/or the new zoning designation, related to the Subject Area and the coinciding amendment to the City Zoning Code. After the moratorium has ended, the submission, consideration and approval of such applications shall be in conformity with any and all ordinances then in effect, including, if adopted, the proposed regulations. Section 2. Notwithstanding the provisions of Section 1 above, during the moratorium period the Board of Aldermen, in its sole and absolute discretion, may consider and grant permit requests if such requests concern: 1) construction or grading for the purpose of ameliorating or avoiding a condition which would threaten or endanger the public health, safety or welfare, including emergency conditions; or 2) interior remodeling. Section 3. Any applications for building or grading permits submitted during the period of this moratorium and/or during any extension of this moratorium shall be subject to and approved or denied pursuant to the applicable provisions of the City Code and other regulations, restrictions and policies of the City in effect upon the expiration or termination of the moratorium. Section 4. Any applications for rezoning building, special use, change of use, grading or other development permits submitted prior to the imposition of this moratorium shall be considered and reviewed, and granted or rejected pursuant to the zoning regulations and provisions now in effect. Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or the application thereof to any circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. Section 6. This ordinance shall take effect immediately. ADOPTED AND PASSED this ~"' clay of April, 2003. ,/'~~i. Mayor Bett urch ATTEST: C' y Clerk 2