The official title of this chapter (Chapter 14) is the "Unified Development Ordinance of the City of Independence, Missouri." For convenience, it is referred to throughout this chapter as the "development ordinance."

The provisions of this development ordinance become effective on July 1, 2009, except as otherwise expressly stated.

This development ordinance is adopted pursuant to the powers granted and limitations imposed by Missouri law and the City of Independence's charter and home rule authority.

The regulations of this development ordinance apply to all development, public or private, within the corporate limits of the City of Independence unless otherwise expressly stated in this development ordinance.

This development ordinance is adopted for the purposes of:

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protecting and promoting the public health, safety and general welfare;

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implementing adopted plans and policies;

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enhancing residents' quality of life;

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protecting the character of established residential neighborhoods;

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maintaining economically vibrant as well as visually attractive business and commercial areas;

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retaining and expanding the City's business and employment base;

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promoting mixed-use, pedestrian-oriented development patterns;

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accommodating pedestrian, bicycle and transit use;

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maintaining orderly and compatible development patterns that promote an appropriate mix of land uses and protect and conserve property values;

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ensuring adequate light, air, privacy, and access to property;

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promoting environmentally responsible development practices;

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promoting rehabilitation and reuse of older buildings;

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maintaining a range of housing choices and options;

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establishing clear and efficient development review and approval procedures; and

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accommodating the orderly and beneficial development of all parts of the City in accordance with the preceding purposes.

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The provisions of this development ordinance are the minimum requirements deemed necessary to carry out the development ordinance's stated purpose and intent.

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In addition to the requirements of the development ordinance, all uses and development must comply with all other applicable City, State, and Federal regulations.

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All references in the development ordinance to other City, State, or Federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the City to enforce State or Federal regulations.

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Conflict with State or Federal Regulations. If the provisions of this development ordinance are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.

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Conflict with Other City Regulations. If the provisions of this development ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision will control. The more restrictive provision is the one that imposes greater restrictions or more stringent controls.

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Conflict with Private Agreements and Covenants. This development ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this development ordinance impose a greater restriction than imposed by a private agreement, the provisions of this development ordinance will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this development ordinance, the provisions of the private agreement will control. The City does not enforce or maintain a record of private agreements.

If any portion of this development ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the development ordinance, and in no way affects the validity of the remainder of the development ordinance.

The language of the development ordinance must be read literally. Regulations are no more or less strict than stated. Words defined in Article 14-201 have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined in Article 14-201 have the meaning given in the latest edition of Merriam-Webster's Unabridged Dictionary.

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Words used in the singular include the plural. The reverse is also true.

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Words used in the present tense include the future tense. The reverse is also true.

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The words "must," "will," "shall," and "may not" are mandatory.

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The word "may" is permissive, and "should" is advisory, not mandatory or required.

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When used with numbers, "up to X," "not more than X" and "a maximum of X" all include X.

Unless the context otherwise clearly indicates, conjunctions have the following meanings:

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"And" indicates that all connected items or provisions apply; and

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"Or" indicates that the connected items or provisions may apply singularly or in combination.

The following rules apply to factional numbers unless otherwise expressly stated.

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Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more must be rounded up to the next consecutive whole number. For example, if a minimum requirement calling for one tree to be provided for every 30 linear feet of frontage is applied to a 50-foot dimension, the resulting fraction of 1.67 is rounded up to two required trees.

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Maximum Limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number. For example, if a maximum limit of one dwelling unit for every 5,000 square feet is applied to a 12,500 square foot lot, the resulting fraction of 2.5 is rounded down to two (allowed dwelling units).

Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this development ordinance. In case of any difference of meaning or implication between the text of this development ordinance and any heading, drawing, table, figure, or illustration, the text controls.

All references in the development ordinance to other city, county, state, or federal regulations are for informational purposes only, and do not constitute a complete list of such regulations. These references do not imply any responsibility by the City for enforcement of county, state, or federal regulations.

All references to other city, county, state, or federal regulations in the development ordinance refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, development ordinance requirements for compliance are no longer in effect.

Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this development ordinance expressly prohibit such a delegation.

All employees, public officials, bodies, and agencies to which references are made are those of the City of Independence unless otherwise expressly stated.

Commentaries are sometimes included in the development ordinance as a means of clarifying certain provisions or providing supplemental information. Text marked as "Commentary" has no regulatory effect. It is intended solely as a guide for administrative officials and the public. Commentaries may be added to the development ordinance by the Community Development Director without the need for a formal ordinance amendment.

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Establishment. The location and boundaries of the zoning districts established by this development ordinance are shown on a geographic coverage layer entitled "Zoning" that is maintained as part of the City's geographic information system (GIS) under the direction of the Community Development Director. This "Zoning" geographic coverage layer constitutes the City of Independence's official zoning map. The official zoning map, together with all notations, references, data and other information shown on the map set out in Exhibit A, is adopted and incorporated into this development ordinance.

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Maintenance and Updates. The Community Development Director is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings). No unauthorized person may alter or modify the official zoning map. The Community Development Director may authorize printed copies of the official zoning map to be produced, and must maintain digital or printed copies of superseded versions of the official zoning map for historical reference.

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District Boundaries. When the ordinance establishing a zoning boundary identifies the boundary as following a particular feature, or reflects a clear intent that the boundary follows the feature, the boundary will be construed as following that feature as it actually exists. The official zoning map must note any such relationship between a zoning boundary and other mapped feature on the zoning map when entering the zoning boundary.

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Interpretations of District Boundaries. Where any uncertainty exists about a zoning boundary, the actual location of the boundary will be determined by the Community Development Director using the following rules of interpretation:

1.

A boundary shown on the zoning map as approximately following a river, stream, lake or other watercourse will be construed as following the actual centerline of the watercourse. If, subsequent to the establishment of the boundary, the centerline of the watercourse should move as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the centerline of the watercourse.

2.

A boundary shown on the zoning map as approximately following a ridge line or topographic contour line will be construed as following the actual ridge line or contour line. If, subsequent to the establishment of the boundary, the ridge line or contour line should move as a result of natural processes (erosion, slippage, subsidence, etc.), the boundary will be construed as moving with the ridge line or contour line.

3.

A boundary shown on the zoning map as approximately following a lot line or parcel boundary will be construed as following the lot line or parcel boundary as it actually existed at the time the zoning boundary was established.

4.

A boundary shown on the zoning map as approximately following a street or railroad line will be construed as following the centerline of the street or railroad right-of-way.

5.

A boundary shown on the zoning map as approximately following the boundary of an adjacent municipality will be construed as following that boundary.

6.

A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above will be construed as being actually parallel to, or an extension of, the feature.

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Right-of-Way Vacation. Whenever any right-of-way is vacated, the abutting districts will be automatically extended to the center line of the vacated right-of-way.

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Applications Submitted Before July 1, 2009. Complete applications that are pending approval before July 1, 2009 may be reviewed and approved in accordance with the development ordinance in effect immediately before July 1, 2009. All development applications submitted on or after July 1, 2009 must be reviewed under the terms of this development ordinance.

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Permits Issued Before July 1, 2009. Any building, development or structure for which a final building permit was issued before July 1, 2009 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this development ordinance. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this development ordinance.

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Violations Continue. Any violation of the previous development ordinance will continue to be a violation under this development ordinance and be subject to penalties and enforcement under. If the use, development, construction or other activity that was a violation under the previous ordinance complies with the express terms of this development ordinance, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in Section 14-100-02. The adoption of this development ordinance does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date specified in Section 14-100-02.

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Nonconformities. Any nonconformity under the previous development ordinance will also be a nonconformity under this development ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this development ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity. A situation that did not constitute a nonconforming situation under the previously adopted development ordinance does not achieve nonconforming status under this development ordinance merely by repeal of the previous development ordinance.

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Zoning District Conversions. The zoning district classifications in effect before the effective date specified in Section 14-100-02 are converted as follows:

Notes:

[1] Planned districts convert to non-planned district counterpart. RP-4 and CP-2 districts, for example, will convert to R-30 and C-2, respectively.

[2] Special Use districts convert to non-special use district counterpart. RP-4SU, C-1SU and MP-1SU districts, for example, will convert to R-30, C-1 and I-1, respectively

(Ord. No. 17496; Ord. No. 17534; Ord. No. 17832)