Riverside City Zoning Code
ARTICLE II
Administration
Section 400.150 Director of Community Development.
[R.O. 2011 §400.150; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 1671, 7-16-2019]
A.
Responsibility. The Director of Community Development or their designees shall be responsible for the administration of this Chapter.
B.
Powers And Duties. In administering this Chapter, the Director or their designees shall have the following powers and duties:
1.
Enforce the regulations of this Chapter.
2.
Act as the local administrator of the flood hazard and levee critical area regulations set forth herein, which shall include, but not be limited to, the following duties:
a.
Review all development proposals intended to occur within the flood hazard or levee critical area to ensure the proposal complies with this Chapter and that all necessary permits have been obtained from Federal, State or local governmental agencies or the levee district.
b.
Verify, record and maintain records of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.
c.
Verify, record and maintain records of the actual elevation (in relation to mean sea level) to which the new or substantially improved non-residential structures have been floodproofed.
d.
Obtain certification from a registered professional engineer or architect when floodproofing techniques are utilized for a particular non-residential structure.
e.
Review all development proposals to determine whether such proposals will be reasonably safe from flooding.
f.
Notify adjacent communities and the State Emergency Management Agency (SEMA) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
g.
Ensure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished.
h.
Maintain and interpret all necessary maps delineating the flood hazard and levee critical area. If the exact boundaries of the levee critical area are contested, the Director shall confer with the levee district prior to making a determination as to the exact boundary.
i.
Review all correspondence from, and confer and cooperate with, the levee district in the review and final approval of all development proposals intended to occur in the levee critical area.
3.
Receive, file and forward to the Board of Zoning Adjustment the records in all appeals and all other applications.
4.
Maintain permanent and current records of this Chapter including, but not limited to, all zoning maps, amendments, rezonings, special use permits, variances, appeals and applications therefore and records of hearings thereon.
5.
Maintain for distribution to the public a supply of copies of the Zoning Map and this Chapter.
6.
Provide such clerical, technical and consultative assistance as may be required by the Planning and Zoning Commission, Board of Zoning Adjustment, other boards, commissions and officials in the exercise of their duties relating to this Chapter.
Section 400.160 Planning and Zoning Commission.
[R.O. 2011 §400.160; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 1272 §1, 12-17-2013]
A.
Membership. The previously established Planning and Zoning Commission is hereby continued. It shall consist of eight (8) citizen members, the Mayor and one (1) representative from the Board of Aldermen. Citizen members shall be appointed by the Mayor and approved by the Board of Aldermen. The Board of Aldermen representative shall be selected by their peers.
[Ord. No. 1671, 7-16-2019]
B.
Compensation. All members shall serve without compensation.
C.
Terms Of Office. Each member shall be appointed for a four (4) year term. There shall be no limit to the number of terms that may be served.
D.
Vacancies. Vacancies shall be filled by appointment by the Mayor with approval by the Board of Aldermen for the unexpired term.
E.
Removal. Any member may be removed by the Board of Aldermen for cause stated in writing and after a public hearing.
F.
Officers. The Planning and Zoning Commission shall elect a Chairperson and Vice Chairperson from among the citizen members. The term of the Chairperson shall be for one (1) year with eligibility for re-election. The Planning and Zoning Commission shall also elect for a term of one (1) year a Vice Chairperson who shall serve in the absence or disqualification of the Chairperson.
G.
Procedure. A quorum of five (5) members shall be required for a meeting to be held. Decisions on all issues brought before the Planning and Zoning Commission shall require a majority vote of those members present at the meeting. The Planning and Zoning Commission may adopt rules of procedure. The Planning and Zoning Commission shall hold regular meetings and special meetings as necessary. Any regular meeting of the Planning and Zoning Commission may be omitted, if in the sole discretion of the Chairperson there are too few items on the agenda to justify the expense of holding the meeting. Other meetings may be designated by the Planning and Zoning Commission or may be called by the Chairperson.
[Ord. No. 1671, 7-16-2019]
H.
Powers And Duties. The Planning and Zoning Commission shall have the power and duty to:
1.
Make recommendations to the Board of Aldermen on all proposed zoning text amendments, rezonings of property and special use permits.
2.
Make recommendations to the Board of Aldermen on proposed subdivisions of land.
3.
Make recommendations to the Board of Aldermen as necessary for the development and use of land.
4.
Make decisions as necessary for the development, disturbance and use of land.
5.
Adopt and amend the City's Comprehensive Master Plan.
6.
Make recommendations to the Board of Aldermen regarding plans, planning studies, general development and planning policies and infrastructure improvement programs, including the financing thereof.
7.
Perform all other functions pursuant to State law.
Section 400.170 Board of Zoning Adjustment.
[R.O. 2011 §400.170; Ord. No. 2006-170 §1, 12-19-2006]
A.
Membership. The previously established Board of Zoning Adjustment is hereby continued and shall consist of five (5) citizen members appointed by the Mayor and approved by the Board of Aldermen.
B.
Compensation. All members shall serve without compensation.
C.
Terms Of Office. Each member shall be appointed for a five (5) year term, except the terms of appointment for the first (1st) Board shall be staggered as followed to assure continuity in the operations of the Board: two (2) members for five (5) years, two (2) members for four (4) years and one (1) member for three (3) years. There shall be no limit to the number of terms that may be served.
D.
Alternates. Three (3) alternate members may be appointed by the Mayor and approved by the Board of Aldermen to serve in the absence of or the disqualification of the regular members. Alternate members shall be appointed for terms of three (3) years each.
E.
Vacancies. Vacancies shall be filled by appointment by the Mayor with approval by the Board of Aldermen for the unexpired term.
F.
Removal. Any member and alternate may be removed by the Board of Aldermen for cause stated in writing and after a public hearing.
G.
Officers. The Board shall elect a Chairperson from among the members. The term of the Chairperson shall be for one (1) year with eligibility for re-election. The Chairperson may administer oaths and compel the attendance of witnesses.
H.
Procedure. The Board shall adopt its own rules of procedure in accordance with the provisions of this Chapter. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. A quorum of four (4) members shall be required for a meeting to be held. The affirmative vote of four (4) members of the Board shall be required to approve any request, application or variance. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon question or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for that purpose.
I.
Powers And Duties. The Board of Zoning Adjustment shall have the following powers and duties:
1.
Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Director of Community Development or their designees in the enforcement of these regulations or of any ordinance adopted pursuant thereto.
[Ord. No. 1671, 7-16-2019]
2.
Hear and decide upon applications for use, area and flood hazard variances in accordance with the provisions of this Chapter.
3.
Undertake such other responsibilities as may be required by this Chapter or by the Board of Aldermen.
4.
In exercising the above mentioned powers, such Board may, in accordance with the provisions of this Chapter, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.