Riverside City Zoning Code
ARTICLE I
General Provisions
Section 400.010 Title.
[R.O. 2011 §400.010; Ord. No. 2006-170 §1, 12-19-2006]
This Chapter 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 "Chapter" or "these regulations".
Section 400.020 Authority.
[R.O. 2011 §400.020; Ord. No. 2006-170 §1, 12-19-2006]
This Chapter is adopted pursuant to the authority granted to the City by Chapters 89 and 445, RSMo., pursuant to the City's nuisance powers and pursuant to the City's Police powers.
Section 400.030 Applicability.
[R.O. 2011 §400.030; Ord. No. 2006-170 §1, 12-19-2006]
This Chapter shall be effective throughout the corporate limits of the City. Except where otherwise indicated, the provisions of this Chapter 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 400.040 Purpose.
[R.O. 2011 §400.040; Ord. No. 2006-170 §1, 12-19-2006]
A.
The purpose of this Chapter is to:
1.
Promote health, safety, morals and a general welfare of the community, including its aesthetic appearance.
2.
Lessen congestion in the streets.
3.
Secure safety from fires, panic and other dangers.
4.
Provide adequate light and air.
5.
Prevent the overcrowding of land.
6.
Avoid undue concentration of population.
7.
Bring about the gradual conformity of the uses of land and buildings throughout the City.
8.
Facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements.
9.
Protect and conserve the value of land throughout the City.
10.
Provide a policy to efficiently process permits and other application forms by the City.
Section 400.050 Interpretation.
[R.O. 2011 §400.050; Ord. No. 2006-170 §1, 12-19-2006]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the health, safety and general welfare of the community. Where the conditions imposed by any provisions of this Chapter upon the use of land and buildings, the bulk of buildings, floor area requirements, lot area requirements and yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Chapter or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
Section 400.060 Relationship to Other Provisions of the Code.
[R.O. 2011 §400.060; Ord. No. 2006-170 §1, 12-19-2006]
The use of buildings and land within the City is subject to all other applicable provisions of other City ordinances as well as this Chapter, whether or not the other provisions are specifically cross-referenced in this Chapter. Cross-references to the other provisions in this Chapter are for the convenience of the reader and the lack of a cross-reference should not be construed as an indication that the other provisions do not apply.
Section 400.070 Relationship to the Comprehensive Master Plan and Other Policies.
[R.O. 2011 §400.070; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 1671, 7-16-2019]
It is the intent of the City that this Chapter implements the goals, objectives and policies adopted for the City as reflected in the Comprehensive Master Plan adopted October 12, 2006, and updated in 2010, other planning documents and City policies. While the City reaffirms its commitment that this Chapter and any amendment made to it be in conformity with adopted planning policies, the City hereby expresses its intent that neither this Chapter nor any amendment thereto may be challenged merely on the basis of an alleged non-conformity with the Comprehensive Master Plan or other planning policy.
Section 400.080 Relationship to Private Restrictions.
[R.O. 2011 §400.080; Ord. No. 2006-170 §1, 12-19-2006]
The provisions of this Chapter are not intended to abrogate any deed, restriction, easement, covenant or other private agreement or restriction on the use of land. Provided, that where the provisions of this Chapter are more restrictive or impose higher standards than any such private restriction, the requirements of this Chapter shall control. Where the provisions of any private restrictions are more restrictive or impose higher standards than the provision of this Chapter, such private restrictions shall control if properly enforced by a person having the legal right to enforce such restriction; private restrictions shall not be enforced by the City.
Section 400.090 Prohibitions.
[R.O. 2011 §400.090; Ord. No. 2006-170 §1, 12-19-2006]
A.
No building, structure or land shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose except in accordance with the provisions of this Chapter and other relevant City ordinances.
B.
No person may use, occupy or sell any land or building or authorize or permit the use, occupancy or sale of land or buildings except in accordance with the provisions of this Chapter and other relevant City ordinances.
C.
For purposes of this Chapter, the "use" or "occupancy" of land or a building relates to anything and everything that is done to, on or in that land or building.
Section 400.100 Exemptions.
[R.O. 2011 §400.100; Ord. No. 2006-170 §1, 12-19-2006]
A.
The following structures and uses shall be exempt from the provisions of this Chapter:
1.
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.
2.
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.
3.
Public structures and buildings such as retaining walls, signs and traffic control devices located on public property.
Section 400.110 Effective Date.
[R.O. 2011 §400.110; Ord. No. 2006-170 §1, 12-19-2006]
The provisions of this Chapter are hereby adopted and become effective on the first (1st) day of January, 2007.
Section 400.120 Development Under Prior Regulations.
[R.O. 2011 §400.120; Ord. No. 2006-170 §1, 12-19-2006]
A.
Those regulations in effect immediately prior to the effective date of this Chapter shall be referred to in this Chapter 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 Chapter, 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 Chapter, except as otherwise specified herein.
C.
Complete applications submitted prior to the effective date of this Chapter shall be processed under the previous regulations, except the applicant may request the application be processed under this Chapter. Incomplete applications submitted prior to the effective date of this Chapter and that are not submitted in a complete form until after the effective date of this Chapter shall be processed under this Chapter. Applications approved under the previous regulations, that are allowed to lapse or expire, will be subject to re-application under this Chapter.
D.
Legally existing uses and structures may continue either in compliance with these regulations or as a legal non-conforming use or structure.
Section 400.130 Annexed Territory.
[R.O. 2011 §400.130; Ord. No. 2006-170 §1, 12-19-2006]
Whenever any land shall be annexed to the City after the adoption of this Chapter, said land so annexed shall automatically be subject to the provisions of this Chapter and shall retain comparable zoning until public hearings are held after annexation to rezone the land.
Section 400.140 Severability.
[R.O. 2011 §400.140; Ord. No. 2006-170 §1, 12-19-2006]
It is the City's intention that the Sections, Subsections, paragraphs, sentences, clauses and phrases of this Chapter 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 Chapter and its applicability.