Blue Springs City Zoning Code
CHAPTER 403
Development Review Procedures
Section 403.010 General Requirements For All Applications.
[R.O. 1996 § 403.010; Ord. No. 4558 § 1, 8-3-2015]
The following general requirements shall apply to all applications under this Development Code:
Authority To File Applications. Table 403.010-1[1] indicates applicants eligible for each particular application under this Development Code, which include the following:
Owner. The record owner of property impacted by the application, or that owner's authorized agent according to contract or authorization form provided by the City executed by the record owner. In the case of an application requiring a public hearing, and for the purposes of the right to appeal, all those receiving mailed notice shall be considered owners impacted by the application.
Staff. Any department head acting on behalf of the City.
Planning Commission. The Planning Commission, acting on its own initiative according to its bylaws and rules of procedure.
City Council. The City Council acting on its own initiative according to its bylaws and rules of procedure.
[1]
Editor's Note: Table 403.010-1 is included as an attachment to this Chapter.
Applications And Fees.
Applications required under this Chapter shall be submitted on forms provided by the Community Development Department and in such numbers as required by the City. The Community Development Director is authorized to modify the application forms and submittal requirements as deemed necessary in the Director's discretion.
Applications shall be accompanied by a non-refundable fee established by the City Council from time to time to defray the costs of processing applications. Any application that does not include the required fee shall be returned to the applicant as incomplete. Fees shall not be required with applications initiated by the staff, Planning Commission, or City Council.
Application Processing Cycles.
Timing Generally. The Director of Community Development, after consulting with the Planning Commission and City Council, may from time to time establish a processing cycle for each type of application. Processing cycles may include:
Dates of regular meetings of review bodies and decision makers;
Deadlines for receipt of a complete application for consideration of such application at a particular meeting;
The scheduling of staff reviews and staff reports on complete applications;
All required steps in the application process (including public hearings, decision meetings and review by other bodies); and
The publication of required notices of public hearings.
Pre-Application Meeting. Pre-application meetings shall be required as indicated in Table 403.010-1.[2] Where required, the applicant shall confer with the Director of Community Development and other City Officials designated by the Director. The purpose of the pre-application meeting is to discuss the proposal and the applicable development review and approval procedures.
[2]
Editor's Note: Table 403.010-1 is included as an attachment to this Chapter.
Staff Review. Upon receipt of an application, the Director of Community Development shall take the following steps:
Review the application for completeness within five (5) days of filing. If the Community Development Director determines that the application is complete, the application shall then be processed. If the Community Development Director determines that it is incomplete, the Director shall, within such five-day period, notify the applicant of the specific ways in which the application is deficient and no further processing of the application shall occur until the deficiencies are corrected. If the application is not completed within thirty (30) days of the notice to the applicant, the incomplete application is deemed rejected and shall be returned to the applicant.
Schedule the application for further review for applications that require official review beyond staff.
Timing Of Review.
Applications that require a public hearing shall be scheduled for initial review within sixty (60) days of a determination of a complete application.
Applications that require multiple public hearings shall have subsequent hearings within thirty (30) days of the close of the prior public hearing.
Applications that do not require a hearing but an official public meeting shall be scheduled within thirty (30) days of a determination of a complete application or within thirty (30) days of the recommendation from another review body.
In the event that the next regular meeting of the review body is beyond these time periods, or the required notice cannot be given within these time periods, the application shall be scheduled for the regular meeting closest to the time period which permits compliance with the UDC and for which notice may be given.
Prepare a staff report that reviews the application in light of the appropriate policies, plans and regulations. The Director of Community Development shall provide a copy of the report to the review body and the applicant at least five (5) days before the scheduled meeting.
Notice. Notice shall be provided for each application as indicated in Table 403.010-1,[3] and based on the following requirements:
Published. Where published notice is required, at least fifteen (15) days' notice of the time and place of scheduled review shall be published in a newspaper of general circulation within the City. Where applications require more than one (1) public hearing, separate notices of each public hearing may be provided or notice of the time and place of both public hearings may be provided in one (1) consolidated notice.
Posted. Where posted notice is required, the applicant or their designee shall post notice on property that is the subject of the application at least fifteen (15) days before the scheduled review. The City will furnish the sign(s) for posting. Posting shall be placed in a manner so that it is visible from public rights-of-way adjacent to the subject property. The City shall determine the number of signs needed and the general location of the posting based on a site plan provided by the applicant. Failure to post or maintain such posted notice shall not invalidate any action taken.
Mailed. Where mailed notice is required, the City, at applicant's cost, will attempt to notify, by mail, all property owners whose property limits are within one-hundred-eighty-five (185) feet, excluding existing rights-of-way, of the boundaries of the property that is the subject of the application. When mailed notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action.
Constructive Notice. Minor technical deviations from stated notice requirements shall not be deemed to impair notice where there is actual notice of the time, date and place of the public hearing. In all cases, requirements for the timing of notices and for specifying the time, date and place of public hearings shall be strictly construed. Where there is a question raised regarding the adequacy of notice, the body hearing the matter may make a formal finding at the public hearing about whether there was substantial compliance with the notice requirements of this Chapter.
[3]
Editor's Note: Table 403.010-1 is included as an attachment to this Chapter.
Action By Review Bodies.
Review bodies shall take the actions indicated in Table 403.010-1[4] on individual applications. A review body may take any action on the application, regardless of the presence of the applicant, that is consistent with the notice given, including the following (or recommend the following when the review body is a recommending body):
Approve the application.
Approve the application with conditions or modifications. When imposing conditions or approving modifications, the review body may allow amendments to the application if the effect is to allow a lesser intensity or impact from the application or mitigate a situation created or aggravated by the proposed application.
Deny the application.
Continue the application to allow further analysis. A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this Chapter, provided that the continuance is set for a date and time certain and the date and time is announced at the original public hearing. The continued application shall not be more than sixty (60) days from the original public hearing without consent of the applicant. No application shall be continued more than once by each review body without consent of the applicant.
[4]
Editor's Note: Table 403.010-1 is included as an attachment to this Chapter.
When a review body recommends to another review body, the recommending body shall transmit a written summary of its action and proceedings to the next review body. Recommendations shall be made at the close of the hearing or end of the meeting. When a review body fails to take action on an application within the time required, such inaction shall be deemed a recommendation for denial of the application, unless the applicant requests or agrees to an extension of the time frame. When the review body makes the final decision as indicated in Table 403.010-1,[5] the decision shall be made within sixty (60) days of the close of the public hearing or end of the meeting.
[5]
Editor's Note: Table 403.010-1 is included as an attachment to this Chapter.
Appeals. Where a review body is designated as the appellate body in Table 403.010-1,[6] the following appeal procedures apply:
Appeals shall be filed with the Director of Community Development within seven (7) days of the decision by the decision-making review body.
The following persons and entities shall have standing to appeal the action of the review body: the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the application; any person who participated in a public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law.
The review body designated as the appellate body shall consider the application as a new matter, and within sixty (60) days of the date that the appeal was filed take any action authorized by the decision-making review body. The procedure and required notice shall be the same as required of the original application.
[6]
Editor's Note: Table 403.010-1 is included as an attachment to this Chapter.
Submission Of Technical Studies For Additional Review. The Community Development Director, Director of Public Works, Planning Commission or City Council may require applicants for development or permit approval to submit such technical studies as may be necessary to enable the Planning Commission or City Council to evaluate the application, or may require technical review by outside entities with expertise or jurisdiction over some aspects of the application. Examples of technical studies that may be required may include traffic studies, engineering studies, geologic or hydrologic studies, environmental impact assessments or noise studies. The persons or firms preparing the studies shall be subject to the approval of the Community Development Director and Director of Public Works. The costs of all studies shall be borne by the applicant. Any application that is determined to require technical studies or review from entities outside of the City may require special schedules based on the reasonable time frames to conduct those studies or additional reviews.
Successive Applications. In the event that the review body takes final action to deny an application, the same or a similar application shall not be refiled for one (1) year from the advertised review date. The Director of Community Development, upon petition by the applicant, may permit a refiling of the application six (6) months after the scheduled review date when it determines that significant physical, economic or land use changes have taken place within the immediate vicinity or a significant Development Code text amendment has been adopted. There shall be no time limitation on a substantially different application if such is determined to be substantially different in the discretion of the Director of Community Development.
Section 403.020 Text Amendments.
[R.O. 1996 § 403.020; Ord. No. 4558 § 1, 8-3-2015]
Overview/Applicability. Text amendments insure that the generally applicable laws in this Development Code reflect the broad public interest and long-range planning goals of the community, as reflected in the Comprehensive Plan. The City may determine that it is necessary from time to time to revise and update this Development Code to implement the Comprehensive Plan. In addition to the general requirements in Table 403.010-1[1] and Section 403.010 the following requirements are specific to text amendment applications.
[1]
Editor's Note: Table 403.010-1 is included as an attachment to this Chapter.
Review Criteria. All review bodies shall use the following criteria for review, recommendations and decisions on text amendments:
Whether the change is in accordance with the Comprehensive Plan, Design and Construction Manual, or any official plans or programs developed under the guidance of the Comprehensive Plan;
Whether such change is consistent with the purposes of this Development Code, and the intent or objectives of any Chapter or Subsection containing the change;
The areas that are most likely to be directly affected by the amendment and in what way they will be affected;
Whether the proposed amendment is made necessary because of changed or changing social values, new planning concepts or other social or economic conditions in the areas and zoning districts affected; and
The recommendations of professional staff.
Section 403.030 Zoning Map Amendments (Rezoning).
[R.O. 1996 § 403.030; Ord. No. 4558 § 1, 8-3-2015]
Overview/Applicability. The Zoning Map amendment process provides review to changes to the boundary of zoning districts (rezoning) that may be necessary to account for changed conditions in the general area or a change in public policies with respect to development. In addition to the general requirements in Table 403.010-1[1] and Section 403.010 the following requirements are specific to Zoning Map amendment applications.
[1]
Editor's Note: Table 403.010-1 is included as an attachment to this Chapter.
Review Criteria. A Zoning Map amendment (rezoning) shall be reviewed according to the following criteria:
The application is in accordance with the Comprehensive Plan, and any official plan or program developed under the guidance of the Comprehensive Plan, and in particular the relationship of land uses within the proposed district and the relationship with uses existing or anticipated in surrounding districts.
The application furthers the intent of the proposed zoning district and supports that of any abutting zoning districts.
The precedents that might result from approval or denial of the application, and the possible effects of such precedents on the character of the area, and in particular the building form, site design, and other development patterns and urban design aspects that accompany precedents for the proposed district.
Compliance of any proposed development with the requirements of this Development Code.
The ability of the City or other government agencies to provide any services, facilities or programs that might be required if the application were approved.
The effect of approval on the condition or value of property in the City or in the vicinity, including the likelihood of surrounding areas to be developed in accordance with the Comprehensive Plan.
The requested zoning change is justified by a change in conditions since the existing zoning was designated or by an error in the current designation.
The consistency of the application with other adopted policies of the City.
The recommendations of professional staff.
Protest Petitions. If a valid protest petition is submitted to the City prior to City Council final action on the application, an amendment to the Official Zoning Map (rezoning) shall not become effective except by the favorable vote of two-thirds (2/3) of all of the members of the City Council. In order to be considered valid, a protest petition for a Zoning Map amendment must be duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) 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.
Adoption By Ordinance — Changes To Official Zoning Map. Amendments to the Official Zoning Map (rezoning) shall be approved by the City Council in the form of an ordinance. Approved changes shall be indicated on the Official Zoning Map by the Director of Community Development promptly after the ordinance authorizing such change is adopted by the City Council, but in no event later than thirty (30) days following such action.
Section 403.040 Planned Development (PD) Districts.
[R.O. 1996 § 403.040; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 4585 § 2, 2-16-2016; Ord. No. 5015, 7-7-2021[1]]
Overview/Applicability. The planned development zoning process is a way to facilitate coordinated planned development that meets or exceeds the intent of this Unified Development Code and the goals of the Comprehensive Plan through an integrated plan, process and flexible standards. The Planned Development (PD) District is a Special Purpose Zoning District, as described in Section 404.260. Each planned development district shall be established by a separate ordinance. An approved concept plan and planned development standards for the property as a whole shall be part of the ordinance establishing a PD District. Requests for a PD District constitutes a Zoning Map amendment, and must meet all of the procedures and requirements of that process, but it also includes specific master development plans. The PD District development review process shall contain two (2) steps — an initial request establishing a PD District, including a concept plan and planned development standards, where the generalized development plan and development regulations for the entire area proposed to be included within a planned development are proposed, and the final plan, where specific development projects are reviewed. In many cases land will need to be subdivided in order to carry out a development plan. The subdivision process is a separate process and may run concurrently with or following the planned development process. In addition to the general requirements in Table 403.010-1[2] and Section 403.010 the following requirements are specific to planned development applications.
[2]
Editor's Note: Table 403.010-1 is included as an attachment to this Chapter.
Concept Plan/Planned Development Standards. The purpose of a concept plan is to allow preliminary review of a proposed planned development before substantial technical work has been undertaken. A concept plan shall generally include plans and supporting documents that address the following:
A plan outlining the general location, design characteristics, and functions of all proposed streets, stormwater management, open spaces, civic spaces, and circulation networks, whether public, common or private, that will create the public realm for the plan.
A Plan Indicating The Land Use And Development Plan. Specific land uses and their density/intensity, block and lot patterns, building types and scale, materials and design characteristics, and other building and site design elements. This plan shall have a particular emphasis on how these elements relate to one another and where transitions between these elements occur at a parcel or block scale both within the development and in coordination with abutting property. The land use and development plan shall specifically identify where development standards may differ from those otherwise applicable through the base zoning districts and general development requirements of this Development Code.
An analysis identifying the general layout of any existing structures, streets or infrastructure and the location of natural features such as watercourses, steep grades, significant stands of trees, specimen trees or other features available on the most refined scale of the Natural Resources Inventory identified in Appendix A3 of the Comprehensive Plan.
Proposed phasing or implementation strategy indicating the estimated timing of development and any other administrative details of implementing the plan through future final plans.
Design concepts and an illustrative plan that includes renderings, elevations or plans of buildings, streetscapes, and public spaces or other urban design and architectural details demonstrating how the plan will be executed according to the applicable development standards.
Planned Development Standards that outline the development regulations that shall govern the development within the PD. Unless otherwise specifically included in the PD Standards, the remaining regulations in the Unified Development Code and this Chapter shall control unless they are expressly altered by the PD ordinance in accordance with this Section. The PD Standards attached to the ordinance establishing a PD District shall specify regulations governing heights of buildings and structures, lot size, floor area requirements, density, coverage, and setbacks.
A PD District shall be reviewed according to the following criteria:
The proposed PD District is compatible with present development in the area, and will not have a significant, adverse effect on the surrounding area;
The proposed PD District is consistent with the public health, safety and welfare, as well as efficiency and economy in the use of land and its resources;
The proposed PD District is consistent with the overall direction, intent and policies of the City's Comprehensive Plan;
The proposed PD District provides for a creative and innovative design which could not otherwise be achieved under the zoning regulations for the districts listed in Chapter 404.
The exceptions from the zoning regulations requested in the proposed PD are warranted by virtue of innovative design and amenities incorporated in the PD District.
The PD District reflects generally accepted and sound planning and urban design principles with respect to applying the Comprehensive Plan and any specific plans to the area.
The request for a PD District meets all of the review criteria for a Zoning Map amendment.
Effect Of Concept Plan Approval. Approval of the concept plan shall constitute acceptance of the overall planning concepts and development parameters for the PD District. In reviewing and approving a concept plan, the Planning Commission may recommend or the City Council may require conditions that must be met before an applicant submits a final plan. An approved concept plan, including Planned Development Standards, shall be attached and included with the Ordinance establishing the PD District Zoning Map amendment and shall remain in place as long as the PD zoning remains on the property. An amendment to a Concept Plan is a change to the PD District zoning classification and shall follow the same procedures set out in this Section, except the director may administratively approve changes in the concept plan that do not:
Designation On Official Zoning Map. Sites zoned or rezoned to a PD District shall be designated on the Official Zoning Map with the letters "PD" (Planned Development). Further clarification of the proposed land uses may be applied, as determined by the Director, based upon the underlying land uses of "Residential," "Commercial" or "Mixed-Use." For example, a PD consisting of only single-family, two-family or multi-family homes may be labeled as PD-Residential.
Final Plan. A final plan is a detailed plan for implementing the concept plan including technical information on building, site, open/civic space, and infrastructure development. A final plan may include the entire area covered in the concept plan or it may include one (1) or more phases of the approved concept plan. The plan shall include all necessary information to demonstrate that all applicable standards, requirements, and conditions of the concept plan have been met.
Final Plan Review Criteria. A final plan shall be reviewed according to the following criteria:
The final plan is in substantial compliance with the approved concept plan and planned development standards.
Minor amendments may be approved administratively by the Director if they meet or exceed the approved concept plan. Amendments that do not meet the criteria for a minor amendment shall be reviewed by the designated approval body.
Minor amendments shall be:
An increase in the proposed building footprints of less than five percent (5%).
An increase in the intensity of the project — less than ten percent (10%) of floor area for non-residential projects and less than five percent (5%) density for residential projects.
An increase in building heights of less than five (5) feet.
A rearrangement of buildings that does not impact any setback standard, or decreases setbacks by less than five percent (5%).
A decrease in landscape areas by less than ten percent (10%), provided there is no impact on the performance of stormwater or screening functions from the approved concept plan.
A decrease in any civic open space or frontage areas by less than five percent (5%), or any similar adjustments to the general location of streets, common areas or other components of the community character plan, provided there is no impact on the performance, screening or urban design functions of the approved concept plan.
Adjustments to building elevations that do not change the character or relationships of buildings to the public realm and adjacent property.
Adjustments in proposed building types or uses that do not significantly change the character of the project; a change of ten percent (10%) or more of any building type (by quantity) or any specific use category (by land area or building square footage) will be assumed significant, unless the context of the project and concept plan clearly demonstrate otherwise.
Changes in ownership patterns, stages of construction or phasing that have no impact on the timing and function of public facilities and that do not alter the delivery of private, common, or public amenities in the concept plan.
Any modification that, in the sole discretion of the Director of Community Development, negatively affects or impacts use, investments, or design of public facilities beyond the particular project and site may not be considered a minor amendment. Any change that violates a condition of approval in the concept plan, or alters the findings of any technical study that supports the approved concept plan, may not be considered a minor change.
Effect Of Final Plan Approval — Lapse Of Approval. Approval of a final plan authorizes the development of the property in accordance with the approved final plan. The authorization to develop in accordance with an approved final plan shall lapse and be of no further effect if all development shown on the final plan is not complete within the time frame established by the City Council at the time of final plan approval. Once approval lapses, the regulations of the base zoning district shall control.
[1]
Editor's Note: Ord. No. 5015 also changed the title of this Section from "Planned Developments" to "Planned Development (PD) Districts."
Section 403.045 General Development Plan.
[Ord. No. 4909, 6-15-2020]
Overview/Applicability. The purpose of the general development plan process is to ensure compliance with zoning and other development regulations and the achievement of quality development through the review of a general development plan that will represent the general development on the site. The general development plan will be approved by City Council to establish the framework for development on a property. A general development plan is a generalized development plan for the entire area proposed to be included within a proposed development. The purpose of a general development plan is to allow preliminary review of a proposed development before substantial technical work has been undertaken.
When A General Development Plan Is Required. Unless a PD concept plan is included as part of a planned development, a general development plan is required for commercial and residential development applications prior to or concurrent with the approval of zoning or rezoning and prior to the application for a preliminary plat. Preliminary plats for four (4) or fewer lots for single-family or two-family development shall be exempt from the general development plan requirement unless a rezoning is required prior to development.
[Ord. No. 4971, 12-21-2020]
A general development plan shall provide:
Community Character Plan. A plan outlining the general location, design characteristics, and functions of all proposed streets, stormwater management, open spaces, civic spaces, and circulation networks, whether public, common or private, that will create the public realm for the plan.
Land Use And Development Plan. A plan indicating the specific land uses and their density/intensity, block and lot patterns, building types and scale, materials and design characteristics, and other building and site design elements. This plan shall have a particular emphasis on how these elements relate to the community character plan and where transitions between these elements occur at a parcel or block scale both within the development and in coordination with abutting property. The land use and development plan shall specifically identify where development standards may differ from those otherwise applicable through the base zoning districts and general development requirements of this Code.
Existing Conditions. Analysis identifying the general layout of any existing structures, streets or infrastructure and the location of natural features such as watercourses, steep grades, significant stands of trees, specimen trees or other features available on the most refined scale of the Natural Resources Inventory identified in Appendix A3 of the Comprehensive Plan.
Phasing Or Implementation. A strategy indicating the estimated timing of development and any other administrative details of implementing the plan through future final plans.
Illustrative Plan. The general development plan shall include an illustrative plan that includes renderings, elevations or plans of buildings, streetscapes, and public spaces or other urban design and architectural details demonstrating how the plan will be executed according to the applicable development standards.
General Development Plan Review Criteria. A general development plan shall be reviewed according to the following criteria:
The proposed general development plan is consistent with the Comprehensive Plan and all requirements of the UDC, unless modifications are requested and approved through the approval of the general development plan. Said modifications shall generally be minor and shall be clearly noted in the staff report.
[Ord. No. 4971, 12-21-2020]
The proposed general development plan is consistent with the current zoning on the property or conditioned on the approval of an existing application for a Zoning Map amendment.
The general development plan is in compliance with all applicable use, development and design standards set forth in this Code, unless alternative design standards have been approved for the development.
Adequate facilities and services exist or are planned by the project to serve the development at the time of construction.
The general development plan is sensitive to the existing land uses and is compatible with the existing adjacent land use designations. Compatibility with the surrounding area is demonstrated by proposed improvements, including screening and buffering that has been provided to minimize impacts to adjacent uses.
The general development plan will provide for orderly physical growth of the City, and foster safe, convenient and walkable neighborhoods and shopping districts.
Effect Of General Development Plan Approval. Approval of a general development plan shall constitute acceptance of the overall planning concepts and development parameters. In reviewing and approving a general development plan, the Planning Commission may recommend or the City Council may require conditions that must be met before an applicant submits a site plan and design review application. An approved general development plan shall lapse and be of no further force and effect if a site plan design review or preliminary plat application has not been applied for within two (2) years of the date of approval of the general development plan. If approval of a general development plan lapses, a new general development plan is required to be approved prior to development. Except as otherwise approved or identified through the general development plan approval, all subsequent development applications shall comply with the provisions and regulations in the Unified Development Code in effect at the time of the development application.
[Ord. No. 5015, 7-7-2021]
Amendment To A General Development Plan. A substantial amendment to the general development shall follow the same procedures set out in this Section for approval of the original general development plan, except the director may administratively approve changes in the general development plan that do not:
[Ord. No. 5015, 7-7-2021]
Section 403.050 Platting.
[R.O. 1996 § 403.050; Ord. No. 4558 § 1, 8-3-2015]
Overview/Applicability. Platting is a process where a proposed division, or partition of land and property interests therein, is reviewed to ensure: development patterns in compliance with long-range comprehensive plans; coordinating infrastructure with existing, future and potential capital improvements; and that all lots are buildable, served with adequate public facilities, and capable of meeting the zoning and development standards. The platting process involves two (2) steps - the preliminary plat where the general design, arrangement and parameters of subsequent development are proposed, and the final plat, where specific and technical engineering, design and planning elements are reviewed. Platting shall be required for any division of land into two (2) or more parcels or units, or development on one (1) or more contiguous parcels not previously platted, or for development that involves construction of any public improvements that are to be dedicated to the City, except that the following shall not require platting:
The division of any parcel or tract of land when the smallest parcel created is greater than forty (40) acres;
Land taken or used for street or railroad right-of-way, a drainage easement or other public utilities subject to local, State or Federal regulations where no new street or easement of access is involved, or for a cemetery;
The development of any lot, parcel or tract of land located within the area governed by this Development Code that was subdivided, resubdivided or replatted prior to January 21, 1980. However, any further resubdivision of lots, interests in real property, parcels or tracts must be done in accordance with this Development Code;
Agriculture (limited or general) uses on a site of at least forty (40) acres.
Preliminary Plat Review Criteria. A preliminary plat shall be reviewed according to the following criteria:
The application is in accordance with the Comprehensive Plan and any official plan or program developed under the guidance of the Comprehensive Plan. In particular the physical patterns, arrangement of streets, blocks, lots and open spaces, and public realm investments reflect the principles and concepts of the plan.
Compliance with the requirements of this Development Code. In particular the blocks and lots proposed are capable of meeting all development and site design standards under the existing or proposed zoning.
Any phasing proposed in the application is clearly indicated and demonstrates a logical and coordinated approach to development, including coordination with existing and potential development on adjacent property.
Any impacts identified by specific studies or technical reports, including a preliminary review of storm water, are mitigated with generally accepted and sound planning, engineering, and urban design solutions, that reflect long-term solutions and sound fiscal investments.
The application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan.
The design does not impede the construction of future public infrastructure within the area.
The recommendations of professional staff.
Effect Of Approval. Approval of the preliminary plat shall constitute acceptance of the overall planning concepts for the subdivision and is a prerequisite for the filing of a final plat. After approval of the preliminary plat the applicant may proceed with the construction plans and submit the proposed final plat for review and approval.
Lapse Of Approval. If no final plat of a subdivision for which preliminary plat approval has been given is submitted within two (2) years of the date of preliminary plat approval, such preliminary plat may be renewed for one (1) additional two-year period upon application to the Planning Commission before expiration of the prior approval. If such preliminary plat is not renewed or a final plat recorded, a resubmittal and review of the preliminary plat shall be required.
Construction Plans. After approval of the preliminary plat and prior to or concurrently with submittal of the final plat, the applicant shall submit detailed construction plans in accordance with the requirements of this Subsection.
Construction plans shall be prepared and sealed by an engineer, licensed in the State of Missouri, for streets, utilities, and other public improvements required within the proposed subdivision.
At least four (4) complete sets of construction plans, including a sidewalk layout plan, shall be submitted to the Director of Public Works in a form established by the City, along with a non-refundable fee that has been established by the City to defray the cost of processing the submittal. No submittal shall be processed until the submittal is complete and the required fee has been paid. A landscape plan shall be submitted with the construction plan and shall be forwarded to the Community Development Director for review.
The Director of Public Works shall review construction plans to determine if the plans comply with all of the standards and specifications set forth in this Development Code and other City regulations. If the Director of Public Works determines that the construction plans do not comply with applicable standards, the Director of Public Works shall require that modifications be made to bring the construction plans into compliance with such regulations and standards. After conducting a complete review of the construction plans, the Director of Public Works shall approve or deny the application for construction plans approval. The Director of Public Works shall then give notice of the action taken to the applicant and the Director of Community Development. Improvements to be made under the jurisdiction of other public service providers, municipal, County or State agencies shall be submitted to the appropriate agency for review and approval. Where review and approval of engineering drawings is required by such agency, the Director of Public Works shall be given written confirmation in a form as approved and acceptable by such Director that the necessary reviews have been completed and approvals have been granted.
Five (5) days prior to commencing construction activities the applicant shall submit to the Director of Public Works and to all approving agencies and to public utility companies that will provide service to the subdivision, a general schedule of the timing and sequence for construction of all required improvements.
No grading, removal of trees or other vegetation, land filling, construction of improvements, or other material change, except for the purpose of aiding in preparation of final engineering drawings or plans, shall commence on each plat or phase of a plat of the subject property until the developer has:
Development In Phases. When a subdivision is to be developed in one (1) or more phases, developers shall install public improvements or post financial guarantees as approved by the City for each phase. The City may require public improvements to be installed or financial guarantees to be posted for areas beyond an individual phase if the City determines that such improvements or guarantees are necessary to ensure the relative self-sufficiency of the development phase, pending completion of the entire subdivision.
Bond Requirements. A maintenance bond in an amount equal to one-half (1/2) the cost of construction and satisfactory to the City Attorney shall be posted with the Director of Public Works or their designate, guaranteeing against defects in construction of storm sewers, streets, sanitary sewers, and waterlines for a period of two (2) years. The contractor shall be responsible for all settlement of backfill, fills and embankments, which may occur within two (2) years of time after final acceptance of the contract under which the work was performed.
As-Built. As-built construction plans shall be prepared and sealed by a land surveyor licensed in the State of Missouri upon completion of all public improvements as shown on the approved construction plans and prior to acceptance by the City of Blue Springs.
Public Utilities. As-built drawings shall contain state plane coordinates of all manholes, clean-outs, catch basins, field grates, head walls, valves, fire hydrants, water meter pits, curb stops, etc. As-built drawings shall also contain significant changes to the following:
Storm sewer:
Lengths, inverts, rim elevations, pipe material (labeled "as shown on approved construction plans"), and percent grades.
Locations (by station number and offset and state plane coordinates) of all storm sewer appurtenances (catch basins, manholes, field grates, centerline information for paved ditches, headwalls, etc.).
Detention Basins And Stormwater Quality Features. An official drainage plan is required. The official drainage plan shall be a final approved as-built grading plan of the subdivision or commercial development. This plan is required to verify that the contour changes of the subdivision or development shown on the approved grading plan have been constructed in accordance with the plan. The as-built grading plan shall be prepared prior to the construction of any homes or buildings within the subdivision or commercial development. Any deviations from the grading as shown in the approved grading plans shall be shown in red with the original grading shown in black.
Locations (by station number and offset and state plane coordinates) of all inlets and outlet structures, spillways, etc. Elevations shall be provided for all items. Orifice diameters shall be provided.
Topography of the basin and downstream flow channels shall be shown. The design and as-built volumes of the basin shall be listed in cubic feet.
The as-designed information shall be shown in black, while the as-built information shall be shown in red with the as-designed information being struck out with a single line. The as-built location of improvements shall be graphically shown in both plan and profile views in red.
All subdivision boundary corners shall also be tied to the Missouri State Plane Coordinate System and labeled with a northing and easting as well as center-line intersections, cul-de-sac center points and offsets and off-site easement center lines where requested.
Digital copies of all as-built plans shall also be submitted in AutoCAD and PDF formats, or such other format as required by the Director of Public Works, with both design and as-built information shown as described above. AutoCAD layouts shall be provided allowing for the reproduction of a complete set of plans as needed.
Public Improvements Or Performance Guarantees, And Property Owners' Associations Or Homeowners' Associations. Prior to approval of a final plat, the developer shall install all required public improvements, including, but not limited to, roads, water, sanitary sewer, and stormwater infrastructure, or post a financial guarantee of performance in a form established by the City (performance guarantees), as approved by the Director of Public Works for non-life-safety items, such as sidewalks or landscaping, which are delayed by weather, and form or cause to be formed a Property Owners' Association or Homeowners' Association in accordance with Section 406.080.
[Ord. No. 4625 § 2, 11-21-2016; Ord. No. 4723, 3-19-2018]
Final Plat Review Criteria. A final plat shall be reviewed according to the following criteria:
The layout and design of the final plat is in substantial compliance with the approved preliminary plat considering the number of lots or parcels; the block layout, street designs and access; the open space systems and civic design elements; the infrastructure systems; or other elements of coordinated developments.
The construction plans meet all technical specifications.
The phasing and timing of public improvements ensures construction and performance guarantees.
Any deviations in the final plat brings the application in further compliance with the Comprehensive Plan and the purposes and intent of this Code.
Covenants meeting the City's approval and containing all requirements of the UDC are approved by the City Attorney's office.
The recommendations of professional staff.
Effect Of Decision. Approval of a final plat shall not constitute acceptance of public improvements. Such acceptance will require separate, formal action of the City Council. If the final plat is approved by the City Council by ordinance, the City Clerk shall within ten (10) days sign the final plat signifying approval by the City Council, the date of approval and the date on which the City Clerk signs the certificate. Approval of a final plat shall authorize the applicant to record the plat in the office of the Recorder of Deeds for Jackson County, Missouri. No lot within the subdivision may be sold until the final plat has been approved by the City Council and any conditions placed on such approval have been complied with or completed, and the plat has been officially recorded by the County Recorder of Deeds. If the proposed final plat is disapproved, the Director of Community Development shall, within ten (10) days, notify the developer, in writing, of the action and the reasons therefor and return the final plat to the developer.
Final Plat Expiration — Revocation Of Approval. If the developer fails to record a final plat with the Jackson County Recorder of Deeds within twelve (12) months from the date of final plat approval, the City Council shall require the developer to explain extenuating circumstances preventing recording of the plat. If the City Council determines that an extension of time for recording would serve the best interests of the City of Blue Springs, it may grant up to one (1) extension for a period not to exceed six (6) months. If the City Council determines that an extension of time for recording would not serve the best interests of the City of Blue Springs, then the City Council shall formally revoke its approval of the final plat and notify the developer and the Jackson County Recorder of Deeds of such action.
Digital Plat Submission Standards And Procedures.
When final plat application is filed with the Community Development Department, the applicant shall submit a digital file of the plat in addition to the required paper copies of the plat. The digital file shall be submitted with the application and again at the time of the submission of signed copies of the final plat for recording. The file shall be on a computer diskette or media which is acceptable to the City's GIS Division.
The submission of digital plat files shall conform to the formatting standards, layering system and text styles of the GIS Department. Where a digital file contains errors or does not fully comply with City standards, the applicant shall make corrections and resubmit the file prior to the final plat being recorded.
Subdivision Of Land Being Redeveloped Seeking Deviations, Modifications And/Or Waivers Pursuant To Section 403.140. Pursuant to Section 403.140 of this UDC, redevelopment [as the term is defined in Section 403.140(D)(2)] seeking deviations, modifications and/or waivers pursuant to Section 403.140, which requires platting or replatting, shall comply with the procedures for submission of plats and review and action thereon set forth in Section 403.140(I).
Administrative Plats. Administrative plat procedures provide an expedited review and approval for minor adjustments to legal boundaries, easements, and title of property for proper recording. These adjustments have little or no impact on public facilities and infrastructure, ownership and development patterns and are otherwise determined to be in accordance with the City's long-range development plans.
Applicability. Administrative plats may be filed for the following adjustments to property:
Lot Line Adjustments. An adjustment to a previously platted lot affecting no more than four (4) lots and results in no additional lots.
Revised Final Plat. Revisions to a previously approved final plat that are due to field conditions that could not have been reasonably anticipated or discovered at the time of the plat, or are due to a development program in the final plat that required construction activity to determine the final legal description. Revised final plats shall result in no additional lots and no change to the development patterns and concepts in the final plat.
Minor Subdivision. The combining of two (2) or more lots into one (1) lot or the division of a parcel into no more than three (3) lots, where no portion of the lots or remaining parcel have been subject to a previous minor subdivision and public improvements are not required.
Townhouse Plat. The subdivision of an existing four (4) or fewer units structure and the underlying property into no more than four (4) lots when all other applicable development standards and subdivision regulations contained within this UDC have been met.
[Ord. No. 4862, 10-21-2019]
Conveyance Plat. A plat combining or subdividing any number of parcels of previously unsubdivided land for the purpose of sale or conveyance. Only tracts shall be created by conveyance plat. In no instance shall a conveyance plat grant any rights to development or guarantee of public utilities, public or private access, or issuance of addressing and permits, without compliance with all subdivision regulations contained within this Chapter.
[Ord. No. 4862, 10-21-2019]
Criteria. Administrative plats may be approved upon a finding that:
The application meets the applicability criteria for an administrative plat;
The application involves no adjustments to the layout of existing public streets or public areas, but may involve additional right-of-way along existing streets or public areas;
The resulting ownership patterns are consistent with those in the area, or those demonstrated in a previously approved final plat or the Comprehensive Plan;
The application meets all of the applicable purpose and intent statements in this Code;
All resulting lots conform to the standards of this Code and result in building lots;
The review and recommendation of any other City staff or impacted agencies;
The application will not create any negative influences on the existing or potential development of adjacent property considering the existing zoning or Comprehensive Plan policies for the property; and
All resulting condominium units or lots have access to utilities in a manner approved by the utility and if required by a utility, separate metering or an approved metering method for use of utilities.
Approval Process. A pre-application conference is required. Administrative plats shall be submitted on forms required by the Community Development Director and contain all information required by the forms. Within fifteen (15) days of submission of a complete application the director shall take one of the following:
Approve the application;
Deny the application and state specific reasons; or
Refer the application to the Planning Commission if at any point the Director determines that the application does not meet the applicable or review criteria. Such referral may be considered an application for a preliminary plat.
Effect Of Decision. The decision of the Director shall be construed as the final decision and shall be made in writing. Approval of the application is valid for up to one (1) year, and shall be recorded at the County Recorder of Deeds office after it is properly signed and acknowledged by appropriate parties. Any application not recorded within one (1) year shall be void.
Section 403.060 Conditional Use Permits.
[R.O. 1996 § 403.060; Ord. No. 4558 § 1, 8-3-2015]
Overview/Applicability. A conditional use permit provides flexibility for different uses within a zoning district and allows the potential for additional uses that due to their varying design and operational characteristics of the use or due to conditions in the area are not generally appropriate in that district, but require a case-specific review to determine the compatibility in a specific context and location.
Review Criteria. A conditional use permit shall be reviewed according to the following criteria:
The application furthers the intent of the proposed zoning district and supports that of any abutting districts.
Compliance of any proposed development with the requirements of this Development Code.
Whether any additional site-specific conditions are necessary to meet the purposes and intent of this Development Code and the intent or design objectives of any applicable Subsections of this Development Code.
The impact on the public realm, including the design and functions of streetscapes and relationships of building and site elements to the streetscape.
The adequacy of drainage, utilities and other public facilities.
Compatibility with the character of the area in terms of building scale, building form, landscape and site design.
Compatibility with the area in terms of operating characteristics such as hours of operation, visible and audible impacts, traffic patterns, intensity of use as proposed or foreseeable, and other potential impacts on adjacent property.
The application will not prevent development and use of the neighboring property in accordance with the applicable development regulations.
The long-range plans applicable to the site and surrounding area are not negatively impacted considering the permanence of the proposed use, the permanence of existing uses in the area, and any changes in character occurring in the area.
The recommendations of professional staff.
Effect Of Decision. Findings of fact identifying and evaluating all factors relevant to the application shall be made part of the public record. Approval shall be subject to those specific facts and any additional conditions made as part of the review and approval. Any amendment to a conditional use permit shall require the same process as the original approval.
Lapse Of Approval. An approved conditional use permit shall expire and be of no further effect if an application for a building or occupancy permit for all buildings and uses shown on the application is not filed within one (1) year of the date of the approval.
Section 403.070 Site Plan And Design Review.
[R.O. 1996 § 403.070; Ord. No. 4558 § 1, 8-3-2015]
Overview/Applicability. The site plan and design review process is a way to coordinate development projects within the public realm and with adjacent sites, and specifically demonstrate how new projects meet the development and design standards of this Development Code. Site plan and design review applies to the following development types:
Administrative Review. The following applications are eligible for administrative review by staff:
A new building less than twenty-five thousand (25,000) square feet and that meets all development standards.
An addition to an existing legally conforming building of more than four hundred fifty (450) square feet and less than twenty-five thousand (25,000) square feet and with the property meeting all other development standards of the UDC.
Any remodel, addition or renovation of an existing building which significantly changes the architectural character of the building, as determined by the Director. Significant changes to architectural character include, but are not limited to, significant changes in exterior building materials, increasing or decreasing the openings in the building's facade by more than ten percent (10%), and significant changes to the cornice line or slope of the roof.
[Ord. No. 5282, 12-4-2023]
Any site development work that alters less than eighty percent (80%) of the existing landscape or open space.
An addition of impervious surface of more than ten thousand (10,000) square feet.
Any other building or development activity that involves investment of less than eighty percent (80%) of the current value of the property and building.
Exemptions.
Development activity that is exempt or does not require administrative review of a site plan shall still provide sufficient information at the time of required permits to demonstrate that all applicable standards of the Unified Development Code are met.
Site Plan And Design Review. The following applications require review by the Planning Commission:
Any new building of twenty-five thousand (25,000) square feet or more, or an addition of more than twenty-five thousand (25,000) square feet to an existing building.
Any property or site modifications or development projects encompassing more than five (5) acres.
[Ord. No. 5282, 12-4-2023]
Applications that require technical studies, which in the sole discretion of staff, may impact the use, investments, or design of public facilities beyond the specific application.
Site plans accompanying other administrative or discretionary approvals required to be reviewed by the Planning Commission.
The Director shall have the discretion to require that any site plan and design review application that may otherwise be approved administratively be sent to the Planning Commission for review upon a determination that the public interest would best be served by doing so.
[Ord. No. 5282, 12-4-2023]
Review Criteria. A site plan and design review shall be reviewed according to the following criteria:
Compliance with the requirements of this Development Code.
The application is consistent with any approved specific plans, overlay districts, concept plans, or other specific design and development policies or standards applicable to the site.
Whether any additional site-specific conditions are necessary to meet the intent and design objectives of any of the applicable development standards.
The application meets the criteria for all other reviews needed to build the project as proposed.
The recommendations of professional staff.
Effect Of Decision. Approval of a site plan and design review shall authorize the applicant to apply for a building permit. The Director of Community Development may approve minor amendments to approved site plans and design reviews without the refiling of a new application, but in no event shall the Director approve the following amendments except through the same process used to approve the original application:
An increase in the proposed building footprints of more than five percent (5%) and total floor area by more than ten percent (10%);
An increase in impervious surfaces of more than ten percent (10%), including building footprint and non-building impervious surface, provided stormwater detention and stormwater quality as defined by KCAPWA[1] 5600 are not required;
[1]
Editor's Note: "KCAPWA" refers to the Kansas City Metro Chapter of the American Public Works Association.
An increase in building heights of more than five (5) feet; or
A decrease in landscape areas by more than ten percent (10%), or any change in open space and site design that may impact on the performance of stormwater, screening or urban design functions of the approved plan.
Lapse Of Approval. An approved site plan and design review shall expire and be of no further effect if an application for a building permit for one (1) or more buildings shown on the application is not filed within one (1) year of the approval. Any other element of the plan not submitted for permits within two (2) years shall expire, unless the application proposes a different schedule that is approved.
Redevelopment Modification Plan Seeking Deviations, Modifications And Waivers Pursuant To Section 403.140. Redevelopment modification plans proposing deviations from modification to and waiver of the regulations, requirements and standards of the UDC and City Code shall be reviewed and acted upon in accordance with the provisions of Section 403.140.
Section 403.080 Variances.
[R.O. 1996 § 403.080; Ord. No. 4558 § 1, 8-3-2015]
Overview/Applicability. Variances are a process to provide relief from a strict interpretation of the standards of this Code, when applied to a particular property and in a specific context would create an unnecessary hardship or practical difficulties on all reasonable use of the property.
Review Criteria. A variance shall be reviewed and approved only on the finding that all of the following conditions are met:
The requested variance arises from conditions which are unique to the subject property, that are not ordinarily found in the same zoning district and that are not a result of the owner's intentional action;
The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
The strict application of the provisions of the zoning regulations of which the variance is requested will constitute unnecessary hardship or practical difficulties upon the property owner represented in the application;
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare; and
Granting the variance would not violate any requirements set forth by State or Federal agencies.
Effect Of Decision. Findings of fact identifying and evaluating all factors relevant to the application shall be made part of the public record. A concurring vote of at least four (4) members of the Board of Adjustment shall be required to approve any variance request.
Conditions Of Approval.
Conditions. In granting a variance, the Board of Adjustment may impose such conditions, safeguards and restrictions upon the premises benefitted by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this Development Code, including placing a condition that the variance shall cease and be of no effect upon the ending of the condition(s) which justified the granting of the variance such that the variance is no longer needed to allow reasonable use of the property benefited by the variance.
Performance Bonds. The Board of Adjustment may require a performance bond to guarantee the installation of improvements. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the Board of Adjustment and shall be enforceable by or payable to the City in a sum equal to the cost of constructing the required improvements.
Time Limits. The Board of Adjustment may specify a time limit for the completion of such required improvements and in the event the improvements are not completed within the specified time, the Board of Adjustment may, after reconsideration, declare the granting of the application null and void, or the variance may be made contingent on the performance of certain actions.
Appeals Of Board Of Adjustment Decisions. Any person aggrieved by a decision of the Board of Adjustment may present to the Circuit Court of the County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the date of the Board of Adjustment's decision on the matter. For purposes of calculating the time of appeal, the decision shall be deemed entered on the date the Chairperson signs the decision including the findings of fact and conclusions of law.
Section 403.090 Vacations.
[R.O. 1996 § 403.090; Ord. No. 4558 § 1, 8-3-2015]
Overview/Applicability. Vacation is the process to eliminate any plat, part of a plat, street, alley, utility easement, PUD final plan or public reservation of land. The application shall be made by the public entity owning the property interest in the property sought to be vacated or by all owners of lands adjoining on both sides of the street, alley or public reservation proposed to be vacated. If the application is not submitted by all such owners, that fact shall be noted on the application along with the names and addresses of all adjoining owners who are not a party to the application.
Review Criteria. The City Council, in its sole discretion, may decide to approve or disapprove an application for a vacation and in rendering its decision may use the following review criteria for an application for vacation:
The application is in accordance with the Comprehensive Plan or any official plan or program developed under the guidance of the Comprehensive Plan. In particular the impact of the vacation on physical patterns, arrangement of streets, blocks, lots and open spaces, and public realm investments reflect the principles and concepts of the plan.
Compliance with the requirements of this Development Code. In particular the vacation is consistent with the intent and design objectives of the subdivision design standards.
The vacation reflects sound planning and urban design principles with respect to existing and potential development in the vicinity, including consideration of current and future streets, open spaces, blocks, lots, and public utilities and facilities.
Any impacts identified by specific studies or technical reports are mitigated with generally accepted sound planning, engineering, and urban design solutions, that reflect long-term solutions and sound fiscal investments.
The application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan.
All resulting lots and parcels are capable of meeting the intent and objectives of the applicable zoning districts and development standards.
The application meets the public interest and is not otherwise for the sole benefit of one (1) property owner or project.
No private rights will be injured or endangered by the application.
The street or alley to be vacated no longer serves a public purpose.
The recommendations of professional staff.
Other information which may come to its attention.
Effect Of Decision. In approving a vacation, the City Council may place any conditions it deems necessary to protect the public health, good and welfare, including the requirement for easements. The Director of Community Development shall certify to the City Clerk when any conditions have been met and, upon such certification, the vacation shall become effective.
Request By Public Works Director.
In addition to the procedure set out above for applications submitted by abutting landowners, the Director of Public Works may petition for the vacation of a street or alley when it is the opinion of the Director of Public Works that such street or alley has not been opened, used, and the retention of such street or alley is no longer necessary:
For any lawful and proper use of a publicly held street or alley; or
To serve a useful public purpose; or
To be retained for proper, efficient and safe traffic movement within the City; or
For the public welfare; and
Easements may be provided to protect public and private utilities within the street, alley or rights-of-way.
The application shall include the basis for the Director's opinion. Upon the filing of such an application, the procedure set out in this Section for applications filed by abutting landowners shall be followed. If, after consideration by the Planning Commission and City Council, the City Council finds the basis for the Director of Public Work's opinion is correct, and determines that the criteria set out in Subsection (D) of this Section are met, the City Council may approve the Director's application and vacate such street or alley with or without conditions as set out in Section 403.090(C).
Section 403.100 Appeals Of Administrative Decisions.
[R.O. 1996 § 403.100; Ord. No. 4558 § 1, 8-3-2015]
Overview/Applicability. The appeal of administrative decisions is a process to determine if there was an error in any interpretation, administration, application or enforcement of this Development Code by an administrative official of the City. Appeals of administrative decisions may be filed by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Appeals of administrative decisions shall be filed within ten (10) days of the date of the decision being appealed.
Effect Of Filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Board of Adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to, or poses irreparable harm to, life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record.
Action By Director Of Community Development. The Director of Community Development or the administrative official whose decision is being appealed shall transmit to the Board of Adjustment all papers constituting the record upon which the action appealed is taken within thirty (30) days of receipt of such filing of the appeal.
Review And Action — Board Of Adjustment. Appeals of administrative decisions shall be taken to the Board of Adjustment. The Board of Adjustment shall grant the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant. In exercising the appeal power, the Board of Adjustment shall have all the powers of the official from whom the appeal is taken, and the Board of Adjustment may reverse or affirm wholly or partly or may modify the decision being appealed. If the Board of Adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence if available to such official and to reconsider the decision in light of such evidence. The Board of Adjustment shall take action on an appeal within a reasonable period of time after application submittal, but in no case more than sixty (60) days after receipt of a complete application. A concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse or modify any order, requirement, decision, or determination of an administrative official.
Review Criteria — Findings Of Fact. An appeal shall be sustained only if the Board of Adjustment finds that the administrative official erred. Every decision of the Board of Adjustment shall be accompanied by written findings of fact specifying the reason for the decision and said written findings shall be filed in the office of the Board of Adjustment within fifteen (15) days after the date of the final action.
Appeals Of Board Of Adjustment Decisions. Any person, including any City Official or City Council, aggrieved by a decision of the Board of Adjustment may present to the Circuit Court of the County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the date on which the Board of Adjustment's written decision on the matter is filed in the office of the Board of Adjustment.
Section 403.110 Building Permits.
[R.O. 1996 § 403.110; Ord. No. 4558 § 1, 8-3-2015]
In accordance with Title V, Building And Construction, of the City Code, it shall be unlawful to commence or to proceed with the erection, construction, reconstruction, structural conversion, structural alteration, enlargement, extension, razing, or moving of any building or structure or any portion thereof until a building permit has been granted therefor. This Section sets out the required review and approval procedures for building permits. The term "Code Administrator" shall have the same meaning as the term is used in Title V of the City Code.
Application Submittal. A complete application for a building permit shall be submitted to the Codes Administrator in a form established by the City (Building Permit Application), along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No building permit application shall be processed until the application is complete, all applicable development approvals have been secured (including a released site plan) and the required fee has been paid.
Review And Action — Codes Administrator. The Codes Administrator shall be responsible for conducting reviews to determine if intended uses, buildings or structures comply with applicable provisions of this Development Code and the Building Code. A building permit shall be either issued or denied by the Codes Administrator within twenty-one (21) days after the receipt of a complete application or within such longer period as may be agreed to by the applicant. If a building permit is not issued within the required twenty-one-day period, the building permit application shall be deemed denied. When the Codes Administrator denies an application for a building permit, the applicant shall be advised, in writing, of the reasons for the denial.
Expiration. Building permits shall be subject to the expiration provisions of the Building Code.
Revocation. A building permit may be revoked by the Codes Administrator at any time prior to the completion of the building or structure for which the same was issued, when the Codes Administrator determines that there is departure from the plans, specifications, or conditions required under the terms of the issued permit, that the same was procured by false representation or that any provisions of this Development Code are being violated. Written notice of such revocation shall be served upon the owner, the owner's agent, or contractor, or upon any person employed on the building or structure for which such permit was issued, via a stop-work order, which shall be posted in a prominent location, and, after the posting of a stop-work order, it shall be unlawful for any person to work on the work site except to correct the situation that caused the stop work order to be posted.
Prerequisite To Building Permit. A final plat shall be approved by the Governing Body and recorded with the Recorder of Deeds of Jackson County for the land on which the building is to be constructed at some time prior to the issuance of any building permit, except that the Community Development Director may determine that certain uninhabitable structures may be issued building permits prior to final plat recordation. A building permit shall be obtained from the Codes Administrator.
[Ord. No. 4862, 10-21-2019]
Section 403.120 Occupancy Certificates.
[R.O. 1996 § 403.120; Ord. No. 4558 § 1, 8-3-2015]
No structure or addition thereto constructed, built, moved, remodeled or reconstructed after October 5, 2015, shall be occupied or used for any purpose, and no land that is vacant on October 5, 2015, shall be used for any purpose except Agriculture (limited or general), and no use of any land or structure shall be changed to any other use, unless a temporary occupancy certificate or an occupancy certificate is first obtained from the Codes Administrator. This Section sets out the required review and approval procedures for occupancy certificates.
Certificate Request. A request for an occupancy certificate shall be submitted to the Codes Administrator.
Review And Action — Codes Administrator. No occupancy certificate for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after November 18, 1996, shall be issued until such work has been completed and the premises inspected and certified by the Codes Administrator to be in full and complete compliance with the plans and specifications upon which the building permit was issued except as provided in Section 403.120(B). No occupancy certificate for a new use of any structure or land shall be issued until the premises have been inspected and certified by the Codes Administrator to be in full and complete compliance with all the applicable regulations of the zoning district in which the use is located.
[Ord. No. 4860, 10-21-2019]
Temporary Occupancy Certificates. Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued which shall be valid for a period established by the Codes Administrator, not to exceed six (6) months, pending completion of any addition or during partial occupancy of the premises. After a temporary occupancy certificate expires it shall lapse and be of no further effect.
Issuance Of Certificates. An occupancy certificate shall either be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued. Action to issue or deny shall be taken within ten (10) days of the date that a complete application is filed.
Unlawful To Occupy Without A Valid Occupancy Certificate. It shall be unlawful to occupy any building that does not have a valid occupancy certificate or temporary occupancy certificate.
For new construction of a one- or two-family residential dwelling, the licensed engineer who sealed the ultimate submission of plans for the permit shall be allowed to conduct the footing, foundation, wall, and framing inspections in accordance with the procedures for such inspections established by the City. Such licensed engineer or architect shall report on such work by using the uniform inspection forms used by the City and shall submit such forms to the City.
[Ord. No. 4860, 10-21-2019]
Section 403.130 Written Interpretations.
[R.O. 1996 § 403.130; Ord. No. 4558 § 1, 8-3-2015]
This Section sets out the required review and approval procedures for written interpretations of the provisions of the Development Code.
Application Submittal. A complete application for a written interpretation shall be submitted to the Community Development Director in a form established by the City (application for written interpretation), along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.
Review And Action — Director Of Community Development. Within twenty (20) days after a complete application for a written interpretation has been submitted, the Director of Community Development shall:
Form. The interpretation shall be provided to the applicant in writing and shall be filed in the official record of interpretations.
Official Record Of Interpretations. The Director of Community Development shall maintain an official record of interpretations. The record of interpretations shall be available for public inspection in the office of the Director of Community Development during normal business hours.
Appeal Of Director Of Community Development's Interpretation. Appeals of the Director of Community Development's written interpretation may be taken to the Board of Adjustment, in accordance with the procedures of Section 403.100, by filing an appeal with the Director of Community Development within seven (7) days of the date of the Director of Community Development's decision.
Section 403.140 Redevelopment In Designated Areas.
[R.O. 1996 § 403.140; Ord. No. 4558 § 1, 8-3-2015]
Purpose. The purpose of these amendments to the City's UDC is to facilitate the redevelopment of commercially and industrially zoned areas of the City, while ensuring high quality development that is compatible with adjacent development in all parts of the City, by carefully evaluating redevelopment proposals within these areas toward the goal of providing safe, functional, aesthetically pleasing redevelopment that preserves the property values of adjacent development without creating unnecessary costs for redevelopers.
Specific Objectives. The regulations of this Section are designed to accomplish the above purpose by requiring that redevelopment proposals undergo plan review; authorizing the City Council to deviate from, modify and/or waive applicable zoning district regulations, property development standards, supplemental standards, performance standards, special use standards, operation standards, subdivision design and improvement standards, the general development standards of Chapter 407, and sign regulations of the City Code Chapter 501; and establishing review criteria to guide the City Council's discretion in deviating from or modifying these regulations and standards and/or granting waivers thereto. The following are specific objectives of these provisions:
Increase redevelopment opportunities in commercially and industrially zoned areas of the City;
Ensure a strong business climate within these areas by promoting quality design through a plan review process, providing latitude in using innovative and less costly techniques in the redevelopment of land that is not otherwise economically feasible to develop in accordance with the then current Unified Development Code and City Code requirements, and encouraging in-fill development in these areas;
Provide for high quality, comprehensively designed and developed commercially and industrially zoned areas that are well planned and well maintained by:
Encouraging the most appropriate use of developed land by providing over time better opportunities for redevelopment and improvement of individual sites in a manner compatible with adjacent development;
Protecting and enhancing property and building values and the value of City investments in older commercially and industrially zoned areas and maintaining and improving the tax base and fostering redevelopment;
Protecting extraordinary public investment in public infrastructure, public amenities and public facilities;
Securing more business development, job retention and growth in the City;
Providing increased opportunities for property owners to maximize their investment;
Increasing property taxes and other revenues to the City from the redevelopment of older commercially and industrially zoned areas; and
Implementing the Comprehensive Plan.
Applicability. The processes and procedures established by this UDC text amendment shall apply to all developed tracts of land within the City's jurisdictional boundaries that are shown on the Official Zoning District Map as being in the NB, SO, GB, RC, LI or HI zoning district or in any zoning district previously defined in the Unified Development Code that is no longer defined herein, e.g., "CB."
Application Requirements.
Any person who owns an existing business in the City and who desires to redevelop the property upon which that business is located [as the term "redevelopment" is defined in Subsection (D)(2) hereof] with deviation from, modification to and waiver of the applicable regulations, requirements and standards of the UDC and City Code shall submit a redevelopment modification plan application to the City for review, recommendation and action as required herein.
Redevelopment.
For the purposes of this Section only, "redevelopment" shall mean any development on a developed tract of land where more than fifty percent (50%) of its total square footage is currently encompassed by structure(s) or improvement(s), which development will, at a minimum, result in an increase:
In the amount of real estate taxes paid, respecting that tract of land, of fifty percent (50%) or greater;
In the amount of personal property taxes paid, respecting that tract of land, of fifty percent (50%) or greater;
In the amount of sales taxes paid, respecting that tract of land, of fifty percent (50%) or greater;
In the number of permanent full-time jobs located at the tract of land of fifty percent (50%) or greater; or
In any combination of Subsection (D)(2)(a)(1) through (4) above that totals fifty percent (50%); provided that with respect to this calculation and Subsection (D)(2)(a)(4) above, each new job shall be deemed to be equal to a one percent (1%) increase and the total percentage related to increased jobs shall be added to the other percentages.
Expansion of an existing structure or structures, if the expansion otherwise meets the definition in this Subsection, constitutes "redevelopment," provided that this expansion shall physically incorporate a minimum of fifty percent (50%) of the existing structure(s) located on the land covered by the redevelopment modification plan. In addition, a change in use that will cause the use to lose its non-conforming use status, pursuant to Section 405.080(B), constitutes redevelopment, as that term is used herein, if the above percentage increases will be met.
The redevelopment modification plan application shall include a redevelopment modification plan that clearly identifies each proposed deviation, modification and waiver of the applicable regulations, requirements and standards of the UDC and City Code. Except as provided in this Section 403.140, the redevelopment modification plan shall be in the form required for site plans by Section 403.070 of this UDC.
The redevelopment modification plan shall be accompanied by a statement specifically delineating by UDC and/or City Code Section and Subsection number each individual deviation from, modification to and waiver of the applicable regulations, requirements and standards of the UDC and/or City Code requested in the redevelopment modification plan. The statement shall include a reference to the redevelopment modification plan for each such deviation, modification or waiver that is of sufficient clarity to allow the Director to identify the proposed location for each requested deviation, modification or waiver. The statement shall also include a narrative description of the rationale for granting each requested deviation, modification or waiver.
The redevelopment modification plan shall also be accompanied by a statement (and such other information, plans or data as may be appropriate) explaining how the proposed redevelopment will be compatible with adjacent proposed or existing developments. The statement shall address considerations, including, but not limited to, the following:
Ingress and egress from the tract of land, street and internal traffic circulation within the tract of land and traffic circulation between the tract of land and adjacent tracts, including the potential for joint access easements and frontage and reverse frontage roads;
Uses of the tract, exterior and interior setbacks, lot sizes, building coverage, floor area ratio, structure heights, and outdoor storage and display;
Parking, including the potential for shared or common parking;
Building types and materials;
Buffering and streetscape, including street trees, and other landscaping on the tract(s), signage and street lighting fixtures; and
A traffic study, if required, as defined in the Public Works Design and Construction Manual, Transportation Impact Study Requirements.
To evidence the percentage increase in taxes and/or jobs, the applicant shall submit the following as a part of the redevelopment modification plan application.
To establish the baseline, the applicant shall submit:
If the applicant is claiming its development will meet the definition of redevelopment through the requisite percentage increase in real or personal property taxes, applicant's receipt(s) from Jackson County, Missouri, for payment of real or personal property taxes for its most recent fiscal year;
If the applicant is claiming its development will meet the definition of redevelopment through the requisite percentage increase in sales taxes, applicant's most recent sales tax return, Missouri Department of Revenue Form 53-1; or
If the applicant is claiming its development will meet the definition of redevelopment through the requisite percentage increase in permanent and full-time jobs, applicant's most recent Internal Revenue Service Form 941, Employer's Quarterly Federal Tax Return.
If the applicant is claiming its development will meet the definition of redevelopment through a combination of (1) through (3), then the applicant shall submit all three forms of supporting documentation.
To establish the projected increases in taxes and/or jobs, the applicant shall submit a notarized affidavit, signed by an authorized representative of applicant, stating the amount of real or personal property or sales taxes and/or new permanent and full-time jobs that the redevelopment proposed by the redevelopment modification plan will generate, and such additional documentation of the projected increase as the Director of Community Development, Planning Commission or City Council may require.
Deviation From, Modification To And Waiver Of Applicable UDC Regulations, Restrictions And Standards And Provisions Of The City Code.
A redevelopment modification plan applicant may propose a redevelopment modification plan that deviates from, modifies or waives one (1) or more of the following applicable regulations, restrictions or standards of the UDC and/or City Code:
The zoning district regulations for the NB, SO, GB, RC, LI and HI Districts and any zoning district previously defined in the Unified Development Code that is no longer defined herein, e.g., "CB," including the property development standards and supplemental standards applicable thereto;
Uses permitted by the property's zoning district classification may not, pursuant to this Subsection, be expanded to include uses not otherwise permitted in the zoning district. The uses permitted on any tract of land covered by a redevelopment modification plan may be voluntarily restricted by the applicant in the redevelopment modification plan application submitted in accordance herewith or restricted as a condition of approval of the plan application by the City Council.
Redevelopment Modification Plan Review, Recommendation And Action.
To initiate consideration of a proposed redevelopment on property where deviations from, modifications to and waivers of the applicable regulations, requirements and standards of the UDC and/or City Code are desired, the applicant shall participate in a pre-application conference with the Director of Community Development and other City Officials designated by the Director of Community Development. The purpose of this pre-application conference is to discuss the proposal and the applicable development review and approval procedures.
Upon completion of the pre-application conference, the applicant shall submit a redevelopment modification plan application to the Community Development Director. The Director shall review the redevelopment modification plan application to determine whether the development proposed in the redevelopment modification plan application constitutes redevelopment as that term is defined in Subsection (D)(2). If the Director determines that it does, the Director shall proceed with preparation of the staff report provided for in Subsection (F)(3). If the Director determines that it does not, the Director shall notify the applicant, in writing, within five (5) business days of this determination. This notification shall include the reasons for the Director's determination. The applicant may, within ten (10) business days, appeal an adverse Director's determination to the City Council. The notice of appeal shall be filed, in writing, with the Director and shall include the Director's determination and a statement of the grounds for the appeal. The City Council will hear the appeal within sixty (60) days of the date the written notice of appeal is filed with the Director. The decision of the City Council shall be final.
The Director of Community Development, with input from other City departments, shall prepare a staff report that reviews the redevelopment modification plan application in light of the Comprehensive Plan, the general requirements of the applicable UDC and City Code provisions, and the review criteria set forth in Subsection (F)(6) hereof. The Director of Community Development shall provide a copy of the report to the Planning Commission and the applicant at least three (3) days before the scheduled Planning Commission and City Council meetings at which the redevelopment modification plan application is to be considered.
The Planning Commission shall hold a public hearing on the redevelopment modification plan within sixty (60) days of the date that a complete application is filed, provided that required notice can be given within that time. At the close of the public hearing, the Planning Commission shall recommend approval, modified approval or denial of the redevelopment modification plan based on the review criteria set forth in Section 403.140(F)(6). After taking action, the Planning Commission shall transmit a written summary of its action and proceedings to the City Council. Notice of the public hearing shall comply with the requirements of all applicable applications.
Within thirty (30) days of the close of the Planning Commission public hearing, the City Council shall hold a public hearing on the redevelopment modification plan. The City Council shall act to approve, approve with modifications or deny the plan within sixty (60) days of the close of the City Council public hearing on the plan. Notice of the public hearing shall comply with the requirements of all applicable applications.
The City Council may only approve the redevelopment modification plan application if it finds that the redevelopment modification plan satisfies the following review criteria:
Redevelopment proposed by the redevelopment modification plan incorporates generally accepted sound planning principles and will provide sustainable value to the City;
Redevelopment proposed by the redevelopment modification plan effectively utilizes the land upon which the redevelopment is proposed;
Adequate access roads or entrances and exit drives will be provided and will be designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys;
Adequate utilities, drainage and other necessary services or facilities have been or will be provided to the redevelopment proposed by the redevelopment modification plan;
The location and size of the redevelopment, as proposed by the redevelopment modification plan, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the redevelopment will not dominate the immediate neighborhood so as to adversely affect the development and use of neighboring property;
The redevelopment is reasonably compatible with existing or permitted uses on abutting sites in terms of building height, setbacks, exterior building design features and materials utilized, open spaces, bulk and scale, landscaping and buffering, parking and circulation features;
Approval of the redevelopment proposed by the redevelopment modification plan will not create an undesirable precedent;
The condition or value of property in the City or in the vicinity will not be adversely affected by the redevelopment proposed by the redevelopment modification plan;
The redevelopment would not occur but for the approval of the redevelopment modification plan application with the proposed deviations from, modifications to and waivers of the hereinbefore referenced regulations, restrictions and standards of the UDC and City Code;
The deviations, modifications and waivers proposed in the redevelopment modification plan are the minimum required to allow the proposed redevelopment to proceed;
The benefits to the City of the redevelopment, including, but not limited to, the tax revenues generated and the jobs created, outweigh the negative effects, if any, resulting from the approval of the redevelopment modification plan application with the proposed deviations, modifications and waivers;
The redevelopment proposed by the redevelopment modification plan will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; and
Redevelopment proposed by the redevelopment modification plan furthers the goals, spirit and intent of this Section and of the UDC as a whole.
If the City Council approves a redevelopment modification plan application with modifications, it may designate specific requirements that must be satisfied to ensure the review criteria of Subsection (F)(6) are met before issuance of a building permit. The City Council may delegate to the Director of Community Development the authority to determine whether the specifically prescribed conditions attached to the approval have been satisfied by the applicant. As a condition of approval, the applicant may be required to execute a development agreement that is satisfactory to both the applicant and the City.
No separate vote on individual deviations, modifications or waivers proposed by the redevelopment modification plan is required for the City Council to approve the redevelopment modification plan application, though the City Council may choose to require separate votes on each. At its discretion, the City Council may evaluate the redevelopment modification plan application as a whole to determine whether the redevelopment it proposes satisfies the review criteria set forth hereinabove and the purposes of this Section.
Recordation Of Approved Redevelopment Modification Plans. The owner of property, with respect to which a redevelopment modification plan has been approved pursuant to this Section, shall record the approved redevelopment modification plan with the Jackson County Department of Records within thirty (30) days of the City Council approval of the redevelopment modification plan application. Failure to record the redevelopment modification plan within one (1) year shall render the approval of same void.
Successive Applications. In the event that the City Council denies a redevelopment modification plan application pursuant to this Section, a redevelopment modification plan application for the same or similar tract(s) of land shall not be refiled for one (1) year from the date on which the City Council denied the redevelopment modification plan application.
Relationship To Subdivision Design And Improvement Standards. Except as otherwise provided, the processing and consideration of a redevelopment modification plan application for land shall be separate from the platting procedures of Section 403.050, and the redevelopment modification plans shall not be construed as plats. Provided, however, if such redevelopment project requires platting or replatting pursuant to Section 403.050, the applicant may submit a combined preliminary and final plat that contains all the information for both required by Section 403.050 to the Community Development Director. The combined preliminary and final plat may include deviations from and modifications to the subdivision design and improvement standards of Chapter 406. In this instance, a staff report shall be prepared, as required by Section 403.010(A)(3)(c), and the combined preliminary and final plat shall be reviewed and acted upon by the Planning Commission and City Council as required by this Chapter 403, provided that the Planning Commission shall not recommend approval and the City Council shall not approve the combined preliminary and final plat unless each determines that, in addition to the requirements of Section 403.050, it satisfies the review criteria of Subsection (F)(6) hereof. If the City Council so determines, it may approve or conditionally approve the combined preliminary and final plat.
Expiration Of Approved Redevelopment Modification Plans. An approved redevelopment modification plan shall expire and be of no further effect if an application for a building permit for one (1) or more buildings shown on the approved redevelopment modification plan is not filed within one (1) year of the date that the redevelopment modification plan is approved.
Revised Redevelopment Modification Plans. Once the applicant has obtained redevelopment modification plan approval pursuant hereto, changes in that redevelopment modification plan may be made only after approval of a revised redevelopment modification plan.
Procedure for revised redevelopment modification plan applications:
An applicant that has received approval of a redevelopment modification plan may request approval of a revised redevelopment modification plan at least sixty (60) days prior to the date the validity of the redevelopment modification plan expires.
When an application for a revised redevelopment modification plan is filed, the Director of Community Development shall determine whether the revised redevelopment modification plan involves substantial changes or minor changes and shall notify the applicant, within seven (7) working days, of the nature of the requested changes and of the procedure that applies to consideration of the application for the revised redevelopment modification plan. The determination of the Director of Community Development may be appealed to the City Council whose decision shall be final.
Substantial changes to the approved redevelopment modification plan, as defined in Subsection (K)(5) hereof, may be approved only by the City Council. Review of substantial changes to the approved redevelopment modification plan shall follow the procedure for original review of a redevelopment modification plan application as set forth in this Section. No variance may be obtained from the redevelopment modification plan by any other review body.
Minor changes to the approved redevelopment modification plan, as defined in Subsection (K)(6), may be approved by the Director of Community Development.
No more than two (2) revised redevelopment modification plans may be approved that involve minor changes as defined in Subsection (K) hereof. Further revisions to the redevelopment modification plan may only be approved in accordance with the procedure for original approval of redevelopment modification plan applications set forth in this Section.
For purposes of this Section, "substantial change" to the approved redevelopment modification plan shall mean any change that is not a minor change, as defined below, or the extension of the expiration date of the redevelopment modification plan.
For purposes of this Section, "minor change" to the approved redevelopment modification plan shall mean any of the following changes:
Reconfiguration of building locations that do not change the architectural style of the project or buildings or alter the approved streetscape;
Increases in the number of lots to a number that is less than five percent (5%) of the number of lots originally approved;
Increases of lot coverage of less than five percent (5%);
Increases in the height of any building of less than ten percent (10%);
Decreases of any setback of less than five percent (5%); and
Decreases of areas devoted to open space of less than five percent (5%).
In determining whether to approve an application for a revised redevelopment modification plan, the criteria set forth in Subsection (F)(6) hereof shall be applied. In the event that the application for the revised redevelopment modification plan is denied, the previously approved redevelopment modification plan will remain in effect until it expires.
Redevelopment Modification Plan Approval Personal To Applicant — Transfer.
Any approval of a redevelopment modification plan shall be personal to the applicant and shall authorize only the development of the property as specified in the approved redevelopment modification plan. The approval shall not run with the land or be automatically transferable to any other person. No person, including the applicant, shall have any right to use the property for any purpose other than those specified in the approved redevelopment modification plan, except in accordance with Subsection (L)(2) hereof.
Once the applicant has obtained building permits for all development shown on the approved redevelopment modification plan and has made substantial investments in reliance on these building permits as determined by the Director of Community Development, rights in the redevelopment modification plan shall be deemed to run with the land and shall be transferable by the applicant to another person or entity, provided that the provisions of Section 405.080 on non-conformities shall thereafter be fully applicable to the development.
If the applicant wishes to convey the property, with respect to which a redevelopment modification plan has been approved, to another person prior to the issuance of building permits for all development and substantial reliance thereon, and such person desires to construct the improvements in accordance with the approved redevelopment modification plan, such person shall first obtain the approval of the Director of Community Development in accordance with the procedures set forth in Subsection (L)(4) hereof.
Such person, other than applicant, who desires to use the subject property in accordance with the approved redevelopment modification plan prior to issuance of building permits for all development and substantial reliance thereon shall submit a redevelopment modification plan application to the Director of Community Development as specified in Subsection (D) of this Section. The Director shall review the application and shall approve the transfer of the rights to use the property in accordance with the approved redevelopment modification plan if the Director determines that review criteria of Subsection (F)(6)(g) through (m) are met. This decision shall be submitted to such person, in writing, within seven (7) working days of issuance of the Director's determination.
Any person who is denied the right to construct improvements in accordance with a redevelopment modification plan approved pursuant to Subsection (L)(4) hereof, by the Director's determination, may appeal this decision to the City Council by submitting a written statement of the grounds for the appeal to the Director within three (3) working days of the issuance of the Director's determination. The City Council will hear the appeal within thirty (30) days of the date the written statement is submitted to the Director. The decision of the City Council shall be final.
Any person seeking the Director's approval, as provided in this Subsection (L)(4), which also desires a revision or revisions to the approved redevelopment modification plan, must obtain approval of a revised redevelopment modification plan by following the procedures for approval of a revised redevelopment modification plan as set forth in Subsection (K) hereof.
Issuance Of Building Permits. The Director of Community Development shall not issue a building permit for redevelopment on property, if the applicant is seeking deviations from, modifications to and waivers of the applicable regulations, requirements and standards of the UDC or the City Code, as provided for by this Section, until the City Council has approved a redevelopment modification plan for the subject redevelopment, and then only if the redevelopment modification plan approval is still valid pursuant to Subsection 403.140(J) hereof.
Verification That Project Increases Have Been Obtained By Applicant. Within thirty (30) days of the date that is one hundred eighty (180) days from the date the last certificate of occupancy issued by the City for the buildings shown on the applicant's approved redevelopment modification plan is issued, or on whatever date is the first available opportunity to do so, applicant shall submit to the Director of Community Development the following:
If the applicant's development met the definition of redevelopment, in whole or part, through the requisite percentage increase in real or personal property taxes, applicant's receipt(s) from Jackson County, Missouri, for payment of real or personal property tax for its most recent fiscal year showing the actual increases generated by the development; or
If the applicant's development met the definition of redevelopment, in whole or part, through the requisite percentage increase in sales taxes, applicant's most recent sales tax return, Missouri Department of Revenue Form 53-1, showing the actual increases generated by the development; or
If the applicant's development met the definition of redevelopment, in whole or part, through the requisite percentage increase in permanent and full-time jobs, applicant's most recent Internal Revenue Service Form 941, Employer's Quarterly Federal Tax Return, showing the actual increases generated by the development.
Section 403.150 Reasonable Accommodation Policy And Procedure.
[R.O. 1996 § 403.150; Ord. No. 4558 § 1, 8-3-2015]
Purpose.
This Section implements the policy of the City of Blue Springs on requests for reasonable accommodation in its rules, policies and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. § 3604(f)(3)(B) and Title II of the Americans with Disabilities Act, 42 U.S.C. § 12132. The policy of the City is to comply fully with the provisions of the Fair Housing Act and Title II of the Americans with Disabilities Act.
Any person with disabilities and eligible under the Fair Housing Act or Title II of the Americans with Disabilities Act may request a reasonable accommodation with respect to the various provisions of the UDC, including land use or zoning laws, rules, policies, practices and/or procedures of the City as provided by the Fair Housing Act and Title II of the Americans with Disabilities Act pursuant to the procedures set out in this Section.
Nothing in this Section requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this Section.
Definitions.
For the purposes of this Section, certain terms and words are hereby defined as follows:
Collectively, the FHA and the ADA.
An individual, group or entity making a request for reasonable accommodation pursuant to this Section.
The individual charged with authority to act under Title V, Building And Construction, of the City of Blue Springs Code of Ordinances.
The Fair Housing Act, Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq., as may be amended.
A "dwelling" as defined in 42 U.S.C. § 3602(b).
The City of Blue Springs Unified Development Code consisting of Title IV of the City's Code of Ordinances.
Requesting Reasonable Accommodations. In order to make specific housing available to one (1) or more individuals with disabilities, a disabled person or a person acting on their behalf at their request (collectively, the applicant) may request a reasonable accommodation relating to the various land use or zoning rules, policies, practices and/or procedure of the City applicable to such housing.
A request by an applicant for reasonable accommodation relating to the UDC, rules, policies, practices and/or procedures shall be made orally or in writing on a reasonable accommodation request form provided by the Department of Community Development.
The form shall contain:
The current zoning for the property;
The name, phone number and address of the owner of the fee interest of the property (if other than the applicant);
The nature of the disability that requires the reasonable accommodation. In the event that the specific individuals who are expected to reside at the property are not known to the applicant in advance of making the application, the applicant shall not be precluded from filing the application, but shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing. The applicant shall notify the Department of Community Development, in the event the residents at the location are not within the range described. The Department of Community Development shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate;
The specific type of accommodation requested by the applicant. To the extent practicable, this portion should include information concerning the impact of the reasonable accommodation on the adjoining properties and area, the number of people who are expected to be availing themselves of the reasonable accommodation, the estimated number of people in an average week who will be necessary to provide services to the person(s) with disabilities at the property on an on-going basis, whether or not this type of reasonable accommodation is required to obtain a license from any State or County authority to operate, and any other information the applicant thinks would assist in determining the reasonableness of the accommodation;
The applicant should also note, if known, whether this accommodation requires any additional permits or licensure (e.g., business license); and
Whether the accommodation requested may be necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling.
The Department of Community Development will provide the assistance necessary to an applicant in making a request for reasonable accommodation, including information which the Department of Community Development deems necessary to complete a reasonable accommodation request form. Upon the City's receipt of the necessary information to process the applicant's request for reasonable accommodation, the Department of Community Development shall use the information to complete a reasonable accommodation request form.
The Department of Community Development will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this Section by a person designated by the applicant.
Should the information provided by the applicant to the Department of Community Development include medical information or records of the applicant, including records indicating the medical condition, diagnosis or medical history of the applicant, the applicant may, at the time of submitting such medical information, request that the Department of Community Development to the extent allowed by law, treat such medical information as confidential information of the applicant.
The Department of Community Development shall provide written notice to the applicant, and any person designated by the applicant to represent the applicant in the application proceeding, of any request received by the Department of Community Development for disclosure of the medical information or documentation which the applicant has previously requested be treated as confidential by the Department of Community Development. The Department of Community Development will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.
Jurisdiction.
Directors And Code Administrator Consideration (staff Committee). A staff committee comprised of the Directors of Community Development and Public Works and the Code Administrator (staff committee) is hereby created and charged with the responsibilities and duties set out herein. The staff committee shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department of Community Development, it will be referred to the staff committee for review and consideration. The staff committee shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may: (1) grant the accommodation request, or (2) deny the request, in accordance with Federal or State law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the applicant by certified mail, return receipt requested and by regular mail.
If reasonably necessary to reach a determination on the request for reasonable accommodation, the staff committee may, prior to the end of said thirty-day period, request additional information from the applicant, specifying in detail what information is required. The applicant shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the thirty-day period to issue a written determination shall be stayed. The staff committee shall issue a written determination within thirty (30) days after receipt of the additional information. If the applicant fails to provide the requested additional information within said fifteen-day period, the staff committee shall issue a written determination within thirty (30) days after expiration of said fifteen-day period.
Findings For Reasonable Accommodation.
The following findings, while not exhaustive of all considerations and findings that may be relevant, must be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:
Whether the accommodation requested may be necessary to afford one (1) or more persons with disabilities equal opportunity to use and enjoy a specific dwelling;
Whether the requested accommodation would require a fundamental alteration to the City's zoning scheme; and
Whether the requested accommodation would impose undue financial or administrative burdens on the City.
A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the Acts. This order does not obligate the City to grant any accommodation request unless required by the provisions of the Acts or applicable Missouri State law.
Appeals.
Within thirty (30) days after the date the staff committee mails a written adverse determination to the applicant, the applicant requesting reasonable accommodation may appeal the adverse determination.
All appeals shall contain a statement of the grounds for the appeal.
If an individual applicant needs assistance in appealing a determination, the Department of Community Development will provide the assistance necessary to ensure that the appeal process is accessible to the applicant. All applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the applicant.
Appeals shall be to the Board of Adjustment pursuant to Section 403.100. All determinations on appeal shall address and be based upon the finding that the accommodation requested is necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling and shall be consistent with the Acts.
An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.
Fees. The City shall not impose any additional fees or costs in connection with a request for reasonable accommodation under the provisions of this Section or an appeal of a denial of such request by the staff committee. Nothing in this Section obligates the City to pay an applicant's attorney fees or costs.
Stay Of Enforcement. While an application for reasonable accommodation or appeal of a denial of said application is pending before the City, the City will not enforce the subject zoning ordinance against the applicant.
Recordkeeping. The City shall maintain records of all oral and written requests submitted under the provisions of this Section, and the City's responses thereto, as required by State law.
Section 403.160 Alternative Development Standards.
[Ord. No. 4862, 10-21-2019]
Purpose. The purpose of this Section is to help streamline the City’s development review process by allowing development applications that would typically require a variance application in order to deviate from the regulations contained within this UDC to be reviewed and approved at the same time and concurrently with a development application that requires Planning Commission and/or City Council review and approval. Alternative development standards may only be modified by the Planning Commission or City Council through the development review process in conjunction with specific development application, including platting, conditional use permits, and site plan and design review, to allow development on property that would otherwise not be achievable without the alternative development standards. Alternative development standards are not intended to replace the variance process for developed properties not engaged in the development review process or replace the process and reasons for applications for planned developments.
Applicability. A request for alternative development standards may propose a development project and/or development plan that deviates from, modifies or waives one (1) or more of the applicable regulations, restrictions or standards of the UDC.
Eligible Alternative Development Standards.
The zoning district regulations for any zoning district defined in the Unified Development Code including the property development standards and supplemental standards applicable thereto;
In the event alternative development standards are approved for a project, the alternative development standard shall control and the use, development or structure once constructed, shall be considered to be conforming with the provisions of this UDC. However, if an alternative development standard is granted for a certain standard, any future change to that same standard that is not in conformance with the requirements of this Zoning Code shall require a variance.
Additionally, after the first certificate of use and occupancy of an individual residential dwelling unit has been issued, the site development standards contained within this Title shall apply to that dwelling unit and shall only be modified subject to the variance procedure contained in Section 403.080. No alternative development standard may be granted for any residential dwelling unit after the first certificate of use and occupancy has been issued.
Uses permitted by the property's zoning district classification may not, pursuant to this Subsection, be expanded to include uses not otherwise permitted in the zoning district or restricted to not allow uses otherwise permitted in the zoning district.
Decision-Making Authority. The Planning Commission or City Council shall have the authority to approve, conditionally approve, or deny an application for an alternative development standards.
Alternative Development Standard Process.
An application shall be filed with the Community Development Department at the same time as the development application for which the alternative development standards are being requested, and shall be processed according to the development review procedures outlined in Section 403.010, except as provided below:
All requests for alternative development standards shall require a public hearing, even if the concurrent development application does not require a public hearing.
The Director of Community Development shall have the authority to determine if a request for alternative development standards is more appropriate to be processed as a request for planned development or variance.
Review Criteria. Approval of an alternative development standard shall be reviewed by the following criteria:
That the proposed alternative development standard(s) will better serve the public interest by the establishment of the proposed alternative development standard(s);
That the proposed alternative development standard(s) will be consistent with the objectives, policies and general land uses and programs specified in the City's Comprehensive Plan;
That the proposed alternative development standard(s) is consistent with other provisions of this Chapter;
That the location, size, design and operating characteristics of the proposed alternative development standard(s) will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity; and
That the proposed alternative development standard(s) will not result in conditions or circumstances contrary to the public health and safety and the general welfare.
Consistency Of Working Drawings With Approved Plans. Alternative development standards approval shall pertain only to those plans reviewed and approved with the alternative development standards. Further, all plans approved with an alternative development standard shall be considered an integral part of the alternative development standard approval. The Community Development Director shall ensure that any final working drawings for grading or construction authorized by an alternative development standard approval are consistent with said previously-reviewed plans prior to release of working drawings for plan check. The Community Development Director may approve minor variations from previously-reviewed plans if he/she determines that the original plan concepts are being carried out. If the Community Development Director does not make such a determination, the subject working drawings shall be referred to the decision-making authority for review and action.