Unless otherwise expressly stated, applications for review and approval may be filed only by the subject landowner or the subject landowner's agent, by the City Council, or the Community Development Department on behalf of the City Council.

A pre-application conference shall be coordinated through the Community Development Director or a designee prior to submission of any application for rezoning, special use permit, site plan or preliminary plat. The purpose of the pre-application conference is to:

14-700-02-A.

Acquaint the applicant with the procedural requirements of this development ordinance;

14-700-02-B.

Provide for an exchange of information regarding applicant's proposed development and the regulations, restrictions and requirements of this development ordinance, the Comprehensive Plan and other development requirements;

14-700-02-C.

Advise the applicant of any public sources of information that may aid the application; identify policies and regulations that create opportunities or pose significant restraints for the proposed development;

14-700-02-D.

Review proposed concept plans and provide the applicant with opportunities to enrich the development plan in order to mitigate any undesirable project consequences;

14-700-02-E.

Review the compatibility with adjacent land uses, either proposed or existing;

14-700-02-F.

Provide general assistance by City staff on the overall design of the proposed development.

14-700-03-A.

Application Completeness, Accuracy and Sufficiency.

1.

Applications required under this development ordinance must be submitted in a form and in such numbers as required by the Community Development Director. All applications filed on behalf of an owner will require the signature of the owner on the application or an affidavit authorizing an agent to file such application on the owner's behalf. Applications without proper signatures will be deemed incomplete.

2.

An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required filing fee.

3.

The Community Development Director will determine whether the application includes all information required by this development ordinance. If an application does not include all of the required information it will be deemed incomplete. If an application includes all of the required information it will be deemed complete. If the application is deemed incomplete, written notice will be provided to the applicant and the applicant's agent. The notice must include an explanation of the application's deficiencies.

4.

No further processing of incomplete applications will occur and incomplete applications will be removed from the processing cycle. When the deficiencies are corrected, the application will be placed in the next processing cycle. If the deficiencies are not corrected by the applicant within 60 days, the application will be considered withdrawn. If an application is deemed withdrawn because of failure to correct application deficiencies, notice must be sent to the applicant or the applicant's agent.

5.

Applications deemed complete will be considered to be in the processing cycle and will be reviewed by staff and other review and decision-making bodies in accordance with the procedures of this article and the processing cycles established under Section 14-700-07.

6.

The Community Development Director may require that applications or plans be revised before being placed on the agenda of the Planning Commission or City Council if the Community Development Director determines that:

(a)

The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with development ordinance standards;

(b)

The application or plan cannot be approved without a variance or some other change or modification that the decision-making body for that application or plan does not have the authority to make;

(c)

Applications that contain the aforementioned types of inaccuracies or that substantially fail to comply with development ordinance standards must be revised before they will be placed on agenda of the Planning Commission or City Council; and

(d)

Action or inaction by the Community Development Director under this section may be appealed as provided in Section 14-706.

14-700-04-A.

General Requirements. Unless otherwise indicated in this development ordinance or by the Community Development Director, all applications for rezoning, special use permits, site development plans, and preliminary and final plats must contain the following items and materials:

1.

Date prepared;

2.

Name, address and telephone number of the applicant and the name, address and telephone number of the landowner if different than the applicant;

3.

Name of authorization of agent pursuant to Section 14-700-03, if applicable;

4.

Name, address and telephone number of all persons preparing any technical studies, maps, drawings and documents submitted with the application;

5.

Accurate legal description of the property for which the application is submitted; and

6.

Any technical studies that may be required by the Community Development Director pursuant to Section 14-700-03.

14-700-04-B.

Plan Submission Requirements. Unless otherwise specified in this Code, plans accompanying applications must be provided in the form and quantities required by the Community Development Director. Paper copies of plans must be folded in the manner prescribed by the Community Development Director. As a minimum, plans must include the following:

1.

Date prepared;

2.

Name, address and telephone number of the person who prepared, or person responsible for preparing, the map;

3.

Graphic, engineering scale not to exceed 1:100;

4.

North arrow;

5.

Location of lot lines of the subject property;

6.

Existing land uses, current zoning districts, structures and public and private streets within 200 feet of the site; and

7.

A small key map with north arrow indicating the location of the property within the City.

Applications must be accompanied by a non-refundable fee established by the City Council to defray the costs of processing applications. Any application that is not accompanied by the required fee will be returned to the applicant as incomplete and no further processing of the application will occur. Fees will not be required with applications initiated by the City.

The Community Development Director may require applicants for development or permit approval to submit such technical studies as may be necessary to enable the Planning Commission, the City Council or staff to evaluate the application. Examples of technical studies that may be required must include, but not be limited to: traffic studies, engineering studies, geologic or hydro geologic studies, flood studies, environmental impact assessments, noise studies, photometric plans (for outdoor lighting) or surface water management/drainage studies. The persons or firms preparing the studies must be technically qualified to conduct the study and licensed to do work in the State of Missouri. The decision by the Community Development Director to require a special study may be appealed to the approval authority where such determination will be final. Notwithstanding the fact that the Community Development Director did not require submission of a technical study in support of an application, either the Planning Commission or the City Council may require the submission of a technical study prior to taking action on the application. The costs of all studies must be borne by the applicant.

The Community Development Director, after consulting with the Planning Commission and City Council, may from time-to-time promulgate a processing cycle for each type of application. Processing cycles may include:

14-700-07-A.

Dates of regular meetings of review bodies and decision-makers;

14-700-07-B.

Deadlines for receipt of a complete application for consideration of such application at a particular meeting;

14-700-07-C.

The scheduling of staff reviews and staff reports on complete applications;

14-700-07-D.

All required steps in the application process (including public hearings, decision meetings, and review by other bodies); and

14-700-07-E.

The publication of required notices of public hearings.

14-700-08-A.

Notice Requirements. All required public notices must be accomplished in accordance with the following requirements:

1.

Published Notice. All publication notices for public hearings must be placed by the City once in a local newspaper of general circulation in the City. Such notice must appear not less than 15 calendar days prior to the meeting for the purpose of notifying the public of the time and place of such public hearing and the substance of the public hearing agenda items that are to be considered. Separate notices of each public hearing may be provided or the notice of the time and place of both public hearings may be provided in one consolidated notice.

2.

Mailed Notice.

(a)

Time of Mailing. The applicant will mail all notices at least 15 days prior to the hearing, notifying the property owners of the opportunity to be heard.

(b)

Mailed Notice Requirements. Mailed notice must be sent to the last known record owners of all property within 185 feet, unless specified otherwise, as shown by the Jackson County tax records. The notice must state the time and place of the hearing, and include a general description of the proposal, a location map of the property, the general street location of the property subject to the proposed change, and a statement explaining the nature of the public hearing. Failure to receive mailed notice will not invalidate any action taken on the application.

(c)

Protest Petitions. In cases of applications for which protest petitions may be submitted, the notice must also contain a statement explaining that property owners within an area determined by lines drawn parallel to and 185 feet from the boundaries of the district to be changed, will have the opportunity to submit a petition protesting the proposed action as provided in Section 14-700-13 of this Code.

3.

Posted Notice. For applications requiring a public hearing, the applicant must post a sign on the property informing the general public that a public hearing will be held at a specific time and place. The sign must be furnished to the applicant by the City. However, posting on large acreage may require larger signs than those provided. In such case, signs must be provided by the applicant as specified by the Community Development Director. The applicant must make a good faith effort to maintain the sign for at least the 15 days immediately preceding the date of the hearing, through the hearing, and through any continuances of the hearing. The sign must be placed within five feet of the street right-of-way line in a central position on the property that is the subject of the hearing. The sign must be readily visible to the public. If the property contains more than one street frontage, one sign must be placed on each street frontage so as to face each of the streets abutting the land. The sign may be removed at the conclusion of the public hearing(s) and must be removed at the end of all proceedings on the application or upon withdrawal of the application. Failure to maintain such posted notice shall not invalidate any action taken.

14-700-08-B.

Constructive Notice. Minor technical deviations from stated notice requirements will not be deemed to impair notice where there is actual notice of the time, date and place of the public hearing and when the applicant and City have made a good faith effort to meet the notice requirements of this article. 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 development ordinance.

14-700-09-A.

General Procedures. When the consideration of an application requires a public hearing, the following provisions apply:

1.

The purpose of a public hearing is to provide the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application and to rebut evidence presented by others.

2.

Rules of procedure may be adopted by the hearing body.

3.

A written summary of the proceedings must be made for all public hearings.

14-700-09-B.

Continuances. A public hearing may be continued under the following circumstances:

1.

Any applicant or authorized agent will have the right to one continuance of a required public hearing provided that a written request therefore is filed with the Community Development Director at least three business days prior to the date of the scheduled hearing. The applicant must make every reasonable effort to notify interested parties of the request.

2.

In addition to the procedure provided for above, the hearing body may grant a continuance on its own initiative or other circumstances the body deems appropriate. A majority vote of those members of the official body present at the meeting is required to grant a continuance. The record will indicate the reason for the continuance and any stipulations or conditions placed upon the continuance.

3.

If an item that is subject to a public hearing is continued or otherwise carried over to a subsequent date and the public hearing has been opened, the public hearing will not be deemed concluded until the date on which the hearing is formally closed. If a continuance provides the date on which the matter will be heard, re-publication of notice is not required. If a continuance does not specify a date on which the matter will be heard, public notice pursuant to Section 14-700-08, as applicable, must be provided prior to the date on which the matter is heard.

14-700-09-C.

New Evidence Hearing. The City Council will only hear evidence that was not presented at the Planning Commission's public hearing if such evidence was not reasonably available at the time of the hearing before the Planning Commission. New evidence proposed to be presented to the City Council at its hearing must be submitted in writing to the Community Development Department and Law Department at least seven days before such hearing by the City Council for a determination of whether such proposed evidence is both new evidence and was not reasonably available at the time of the hearing before the Planning Commission. Both the Community Development Department and Law Department will submit their findings to the City Council, who will make the final determination of whether the proposed evidence is new and was not reasonably available at the time of the hearing before the Planning Commission.

Action by review bodies is limited as follows:

14-700-10-A.

Review bodies may take any action that is consistent with the regulations of this article; any by-laws that may apply to the review body; and the notice that was given.

14-700-10-B.

The review body's action may include recommending approval of the application, recommending approval with modifications or conditions, or recommending disapproval of the application.

14-700-10-C.

The review body may recommend conditions, modifications or amendments if the effect of the condition, modification or amendment is to allow a less intensive use or zoning district than indicated in the application, reduce the impact of the development, or reduce the amount of land area included in the application.

14-700-10-D.

Review bodies may not recommend a greater density of development; a more intensive use, or a more intensive zoning district than was indicated in the public notice.

14-700-10-E.

Review bodies are not required to recommend approval of the maximum density or intensity of use allowed.

Decision-makers may take any action on an application that is consistent with any notice given, including, but not limited to, approving such application, approving the application with modifications or denying the application. The decision-making body may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is to allow a less intensive use or zoning district than indicated in the application, or to reduce the impact of the development, or to reduce the amount of land area included in the application. Decision-makers may not approve a greater density of development, a more intensive use, or a more intensive zoning district than was indicated in the notice.

When a review body or decision-maker fails to take action on an application within the time required, such inaction will be deemed a recommendation for denial or denial of the application, unless the applicant requests or agrees to an extension of the time-frame.

14-700-12-A.

Appeals of the Decision of the Community Development Director. The Planning Commission will have the authority to hear and decide appeals of decisions of the Community Development Director. Appeals must be filed with the Department within ten business days of the date that the decision being appealed was made. The Planning Commission will consider the appeal as a new matter and act to approve, approve with conditions, or deny the application. The requirements for hearings, notices, and approval criteria will be the same as required of the original action before the Community Development Director. The Planning Commission's decision may be appealed to the City Council.

14-700-12-B.

Appeals of Planning Commission Decisions. The City Council has the authority to hear and decide all appeals of decisions of the Planning Commission. Such appeals must be filed with the Community Development Director within ten business days of the Planning Commission's final action. The City Council will review the findings of the Planning Commission and act to affirm, modify, remand or reverse the Planning Commission decision within 45 days of receipt of the appeal. The City Council's decision is final for the purpose of judicial review. The requirements for hearings, notices, and approval criteria will be the same as required of the original action before the Planning Commission. Appeals of the City Council's decisions appeals must be made in Circuit Court within 30 days of the date of filing of notice of the decision with the City Clerk.

14-700-12-C.

Effect of Filing. Once a timely, perfected appeal has been received by the Community Development Director, no other development approvals or permits may be issued for the subject property pending a decision on the appeal, unless it is determined that such a "hold" on permits and approvals would cause immediate peril to life or property.

In the event a protest petition against any application for a rezoning, including a PUD, is presented to the City Clerk at least 48 hours prior to the final decision of the City Council that bears the notarized signatures of the owners of 30 percent 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 with and 185 feet distant from the boundaries of the district proposed to be changed, such amendment will not become effective except by the favorable vote of two-thirds of all of the members of the City Council.

14-701-01-A.

Authority to File. Applications to amend the text of this development ordinance may be filed only by the City Council, the Planning Commission or the Community Development Director.

14-701-01-B.

Notice of Hearing. Notice of required public hearings must be given as provided in Article 14-700.

14-701-01-C.

Review and Report by Community Development Director. The Community Development Director must prepare a report that evaluates the proposed amendment in light of the Comprehensive Plan, the general requirements of the development ordinance and review criteria set forth in Section 14-701-01-F. The Community Development Director must provide a copy of the draft amendment and report to the Planning Commission at least four days before the scheduled Planning Commission hearing.

14-701-01-D.

Review and Recommendation by Planning Commission. The Planning Commission must hold a public hearing on the proposed text amendment. At the close of the hearing, the Planning Commission must recommend approval, modified approval or denial of the amendment. A vote either for or against a zoning text amendment by a majority of all of the Planning Commissioners present and voting will constitute a recommendation of the Planning Commission. If a motion for or against the zoning text amendment fails to receive a majority vote of the Planning Commission, the Planning Commission may entertain a new motion. A tie vote, or the failure to obtain a majority vote of the Planning Commission on any motion, will be deemed to be a recommendation of disapproval. The Planning Commission's recommendation must be submitted to the City Council for action, accompanied by an accurate written summary of the hearing proceedings.

14-701-01-E.

Review and Final Action by the City Council. Within 30 days of final action by the Planning Commission the City Council must set a time and place for a full hearing on the proposed amendment. Upon its review of the record and hearing any additional evidence, the City Council may either, (1) adopt, modify or reject the proposed ordinance or; (2) remand, with instructions, the same to the Planning Commission for further consideration.

14-701-01-F.

Review Criteria. In reviewing and making decisions on proposed zoning text amendments, review bodies must consider at least the following factors:

1.

Whether the proposed text amendment corrects an error or inconsistency in the development ordinance or meets the challenge of a changing condition; and

2.

Whether the proposed text amendment is consistent with the Comprehensive Plan and the stated purpose of this development ordinance.

14-701-02-A.

Authority to File. Rezoning applications may be filed only by the subject landowner, the subject landowner's authorized agent or the Community Development Director acting on the City's behalf.

14-701-02-B.

General. This section sets out the required review and approval procedures for amendments to the official zoning map.

14-701-02-C.

Applicability. The official zoning map provides zoning classifications for all properties within the incorporated area of the City. In order to initiate a change in the zoning classification of any property, an application for an amendment to the zoning map must be filed with the City.

14-701-02-D.

Rezoning Application Process.

1.

Pre-application Conference. Prior to the submission of a rezoning application, applicants must attend a pre-application conference as set forth in Section 14-700-02.

2.

Application Submittal.

(a)

Rezoning applications must be submitted to the Community Development Director as provided in Sections 14-700-03 and 14-700-04-A.

(b)

A vicinity map, which must show the location of the property in relation to at least one intersection of two streets shown as collector or arterial streets on the City's Major Thoroughfare Plan.

(c)

A certified list of all property owners within the 185-foot notification area.

(d)

Boundaries of the property to be rezoned.

(e)

Legal description of the subject property.

(f)

Zoning, land use, and ownership of parcels within 185 feet of the subject property.

3.

Posting and Public Notice. Upon receipt of a complete application, the required public notices must be issued, as set forth in Section 14-700-08.

4.

Review and Recommendation by Planning Commission. The Planning Commission must hold a public hearing on the application following proper filing and notice of the application. The Community Development Director must present the application to the Planning Commission, together with the Community Development Department's recommendations. Following the public hearing the Planning Commission must make a recommendation to the City Council regarding the approval, approval with modifications, or denial of the subject application. Such recommendation must be based on the review criteria set forth in Section 14-701-02-E.

5.

Review and Final Action by the City Council. Following receipt of the Planning Commission recommendation, the City Council must hold a public hearing to consider new evidence that was not available at the time of the Planning Commission hearing. Following completion of the public consideration, the City Council may either, (1) adopt, modify or reject the proposed ordinance or; (2) remand, with instructions, the same to the Planning Commission for further consideration. Such action must be based on review criteria as set forth in Section 14-701-02-E.

14-701-02-E.

Review Criteria. Recommendations and decisions on rezoning applications must be based on consideration of all of the following criteria:

1.

Conformance of the requested zoning with the Comprehensive Plan;

2.

Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts;

3.

The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning;

4.

The compatibility of the proposed zoning and allowed uses with the character of the neighborhood;

5.

The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations;

6.

The length of time the subject property has remained vacant as zoned;

7.

The extent to which approving the rezoning will detrimentally affect nearby properties;

8.

The gain, if any, to the public health, safety and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application; and

9.

The recommendation of the City's professional staff.

14-701-02-F.

Limitation on Reapplication. If the City Council denies a rezoning application, an application for the same or more intensive zoning district on substantially the same property may not be accepted for 12 months from the date that the City Council took action to deny. The following additional rules apply to the interpretation of this section:

1.

The withdrawal of an original application after it has been advertised for public hearing constitutes a denial of the application just as if the public hearing had commenced and been concluded.

2.

For purposes of this section, "substantially the same property" means property constituting five or more acres included in the original application or consisting of 50 percent or more of the land area included in the original application.

3.

The Planning Commission may authorize a rehearing within 12 months after a denial where the applicant is able to demonstrate that significant physical, economic or land use changes have taken place on the subject tract or within the immediate vicinity, or a significant development ordinance text amendment has been adopted.

14-701-02-G.

Appeals. Any person aggrieved by a decision of the City Council pursuant to this section may appeal to the Circuit Court within 30 days of the date of the decision rendered by the City Council. If no appeal is filed in writing within 30 days, the decision will be considered final.

Review Section 14-906 for rezoning application procedures relating to /CD Conservation Overlay District; review Section 14-907 for rezoning application procedures relating to /HD Historic Overlay District; and review Section 14-908 for rezoning application procedures relating to /HL Historic Landmark Overlay District.

14-702-01-A.

Authority to File. Applications for subdivision plat approval may be filed only by the subject landowner or the subject landowner's authorized agent.

14-702-01-B.

Purpose. The requirements of these subdivision regulations are intended to protect the health, safety, and general welfare of existing and future residents of the City of Independence, and to:

1.

Lessen congestion in the streets and public ways;

2.

Secure safety from fire, flood waters, panic and other dangers;

3.

Promote health and the general welfare;

4.

Prevent the overcrowding of land;

5.

Avoid undue concentration of population; and

6.

Facilitate adequate provision for transportation, water, sewerage, schools, parks and other public requirements.

14-702-01-C.

Applicability. Except as otherwise expressly stated, the regulations of this article apply to the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for the purpose of sale, transfer or building development, whether immediate or future, including the re-subdivision or re-platting of land or lots.

14-702-01-D.

Unlawful to Record Plat without Final Plat Approval. No owner, or agent of the owner, of any land located within the City of Independence may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the City Council and recorded with the Jackson County Department of Records.

14-702-01-E.

Conditions, Dedications and Modifications Stated on Plat. All conditions of approval of a subdivision that run with the land, the acceptance of dedications of land by the City Council, and all modifications granted by the Planning Commission must be clearly stated on the final plat prior to its recording.

14-702-01-F.

Condominium Plats. Any proposed development of property using the condominium form of ownership will be treated by the City, for all purposes under this development ordinance and the City Building Code, the same as a physically identical development under a different form of ownership. In addition to any submission requirements in this development ordinance for a special use permit application, rezoning application, development plan application or plat application, the Community Development Director may require an applicant using the condominium form of ownership to submit with the application the condominium declaration and the condominium plat that are prepared in conformance with Chapter 448 of the Missouri Statutes. This information may be used to evaluate the application under the procedures, standards and criteria that are applicable to the application under this development ordinance.

14-702-01-G.

General Requirements. All subdivisions must comply with the following requirements:

1.

Unless otherwise specified by this article, no subdivision may be developed in the City until both a preliminary and final plat have been filed and approved and all applicable conditions of this development ordinance have been satisfied.

2.

No person may create a subdivision, plat amendment, resurvey or any other similar act within the City except in conformity with the provisions of this development ordinance.

3.

No subdivision may contain a lot that is less than the minimum dimensions set out in the applicable zoning district regulations.

4.

No lot, tract, or parcel of land may be divided by a metes and bounds description for the purpose of sale, transfer, or lease except in conformity with these requirements.

5.

No lot, tract or parcel of land as part of any plat or replat of any subdivision may be sold or offered for sale, traded or otherwise conveyed unless the plat or replat first has been approved in accordance with the provisions of this development ordinance and recorded in the Office of the Recorder of Deeds of Jackson County.

6.

No building permit may be issued for the construction of any building or structure located on a lot, tract or parcel or plat divided or sold in violation of the provisions of this development ordinance.

7.

No building permit may be issued for a lot that is not platted as required by this development ordinance.

8.

No changes, erasures, modifications or revisions may be made to any plat after approval has been given by the City Council unless the plat is first resubmitted for review and approval as required by this development ordinance.

14-702-01-H.

Exemptions. The standards of this article shall not apply to the following divisions of land.

1.

Any tract of land which has been legally subdivided by plat or deed prior to the adoption of these regulations.

2.

The conveyance of land for street or railroad right-of-way, utility or drainage easements, or other public utility purposes subject to Local, State, or Federal regulations, and where no new street or access easements are created.

3.

The conveyance of land for public recreation, trails or similar easements and public purposes subject to Local, State, or Federal regulations.

4.

The conveyance of land comprising 80 or more contiguous acres, by no more than two contemporaneous deeds from the same grantor to the same grantee after the date of the adoption of this subsection, provided that such tracts have at least 50 contiguous feet of frontage along a City or State maintained roadway. Other than for an accessory structure to a preexisting primary use, or for reconstruction necessitated by casualty damage, no building permit shall be issued for improvements upon such tract of land after such conveyance until the area to be improved has been platted in accordance with the provisions of this article.

5.

The division of land into cemetery plots, provided that such division complies with RSMo 214.

6.

The division of land by any court action pursuant to the law of eminent domain.

7.

A division of property through the probate of an estate, or by order or judgment of a court of law of competent jurisdiction of the State of Missouri.

14-702-02-A.

Applicability. Preliminary plats are required for all nonexempt subdivisions consisting of four or more lots.

14-702-02-B.

Pre-application Conference. Prior to the submission of an application for a preliminary plat, the applicant must request a pre-application conference with the Community Development Director.

14-702-02-C.

Application Filing. Applications for preliminary plat approval must be submitted to the Community Development Director as prescribed in Section 14-700-03.

14-702-02-D.

Contents of Preliminary Plat. The preliminary plat must be prepared on a standard 24-inch by 36-inch sheet with the drawing oriented so that north is at the top of each sheet. All plans must be drawn to a standard engineering scale. The actual scale should be selected to best fit the sheet but must be at least one inch equals 100 feet. If multiple sheets are required, a map key must be provided. The preliminary plat consists of the following sheets:

1.

[Title Sheet.] Title sheet containing the following information:

(a)

Proposed name of subdivision;

(b)

A vicinity sketch (location map), at a legible scale, which shows the relation of the plat to its surroundings. Utility connections too remote to be shown on the preliminary plat must be shown on this sketch;

(c)

Location of boundary lines by section, quarter section or quarter-quarter section lines, and any adjacent corporate boundaries comprising a legal description of the property conforming to the current Missouri state plane coordinate system;

(d)

Names, addresses, and phone numbers of the developer and the engineer or surveyor making the plat;

2.

Sketch Plan Sheet. When a subdivision is a portion of a larger area planned as a phased and related development, a master development plan (sketch plan) of the entire development must be submitted with the preliminary plat of the portion first to be subdivided. The sketch plan must include, but not be limited to, conceptual drainage, land use, utility, and street layout and must contain the following information:

(a)

Scale, one inch represents 200 feet or one inch represents 400 feet;

(b)

Name, location, north arrow, and acreage;

(c)

The proposed development by phase of construction, identifying for each phase and for the total development: the proposed use; the density by number of dwelling units per gross residential acre; the approximate gross floor area of commercial and industrial use; and the floor area ratio (FAR) of commercial and industrial use;

(d)

The location of collector, arterial and commercial streets, the general location of access points to abutting arterial streets, all points of ingress to and egress from the subdivision, and projected traffic generation;

(e)

The proposed locations of major public uses, such as schools, open spaces, and recreation space.

3.

[Preliminary Plat Sheet.] Preliminary plat sheet indicating the following:

(a)

The general location, width, radii, grade and name of proposed streets, roadways, alleys, sidewalks and public walk ways, public rights-of-way or other easements with center lines, culverts and bridges, public drives and curb cuts, median breaks, and turn lanes;

(b)

The general location and size of all proposed sanitary sewer and water lines and their proposed connection to existing lines;

(c)

Proposed location and size of storm water improvements;

(d)

Proposed fire hydrant locations;

(e)

Layout, number and approximate dimensions of lots, approximate lot areas, setback requirements with dimensions, and blocks, with number or letter of each, if applicable; and

(f)

The location and size of proposed open space for public use proposed to be dedicated or reserved and any conditions of such dedication or reservation; parks, playgrounds, churches, or school sites or other special uses of land to be considered for public use, or to be reserved by deed or covenant for the use of all property owners in the subdivision.

4.

[Existing Conditions Sheet.] Existing conditions sheet indicating existing conditions on the proposed subdivision site and adjacent to the site within 200 feet of the lot lines to include:

(a)

Locations, width and name of each existing or platted street, alley or other public way; railroad and utility rights-of-way; dedicated rights-of-way; bridges; parks and other public open spaces; and permanent buildings;

(b)

All existing stormwater or sanitary sewers, water mains, gas mains, culverts, or other underground installations with pipe size, grades and locations shown;

(c)

Names of abutting subdivisions and owners of abutting parcels of unsubdivided land;

(d)

Locations of drainage ways and water courses indicating stream order, and all areas designated as the 100-year floodplain areas by the Federal Emergency Management Agency;

(e)

Ravines, bridges, lakes, tree masses, approximate acreage, and such other existing features as may be pertinent;

(f)

Special features (such as ponds, dams, steep slopes or unusual geology) or unusual historical features (such as former dumps, fill areas or lagoons) must be identified by the applicant. The applicant, at the Community Development Director's discretion, may be required to provide professional analysis of these conditions to address health, safety and general welfare questions related to the proposed subdivision;

(g)

Identification, location and nature of all existing and proposed zoning districts and land uses within 200 feet of the boundaries of the proposed subdivision; and

(h)

Topography (unless specifically waived) with contour intervals of not more than two feet, referred to USGS or City datum, except the City may require a lesser contour interval in areas where grades are gentle.

5.

[Stormwater Management Plan Sheet.] Stormwater management plan sheet providing the following information:

(a)

A topographic drawing showing the area proposed to be platted and the extent of the drainage basin(s) in which it is located;

(b)

A stormwater management plan, pursuant to the Design and Construction Manual, calculations, and proposed size, nature and location of all proposed storm drainage improvements; and

(c)

Preliminary grading and erosion control measures.

6.

[Natural Resource Protection Plan Sheet.] A natural resource protection plan sheet as required by Article 14-500 to include a stream buffer plan and tree preservation plan as applicable.

7.

[Phasing Plan Sheet.] A phasing plan sheet if the development area is to be platted in more than one phase. A phasing schedule for the entire project must accompany the preliminary plat. The phasing schedule must include, but is not limited to, clearly defined areas for phasing, estimated dates for completed phases, and utility design.

14-702-02-E.

Planning Commission Review and Recommendation. After reviewing the preliminary plat and the Community Development Director's report, the Planning Commission must act to approve, approve with conditions, or deny the application, based on the approval criteria of this subsection. Such action must be based on review criteria as set forth in Section 14-702-02-G. The Planning Commission must take action on the preliminary plat within 60 days of receipt of a complete application. If the Planning Commission fails to take action on the preliminary plat within 60 days of receipt of a complete application, the application must be deemed denied.

14-702-02-F.

Review and Final Action by the City Council. Following receipt of the Planning Commission recommendation, the City Council may adopt, modify or reject the recommendation of the Planning Commission or; remand, with instructions, the same to the Planning Commission for further consideration. Such action must be based on review criteria as set forth in Section 14-702-02-G.

14-702-02-G.

Approval Criteria. Recommendations and decisions on preliminary plats must be based on consideration of all of the following criteria:

1.

Compliance with environmental and health laws and regulations concerning water and air pollution, solid waste disposal, water supply facilities, community or public sewage disposal, and, where applicable, individual systems for sewage disposal;

2.

Availability of water that meets applicable fire flow requirements and is sufficient for the reasonably foreseeable needs of the subdivision;

3.

Availability and accessibility of utilities;

4.

Availability and accessibility of public services such as schools, police and fire protection, transportation, recreation facilities, and parks;

5.

Consistency with the zoning district regulations;

6.

Conformity with the Major Thoroughfare Plan;

7.

Effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;

8.

Physical land characteristics, such as floodplain, slope, soil, and elevation differentials with abutting properties;

9.

Recommendations and comments of the Development Review Committee and other reviewing agencies;

10.

Conformity with the master sewer and water utility plan; and

11.

Compliance with this development ordinance and all other applicable regulations.

14-702-02-H.

Lapse of Approval. The approval of a preliminary plat shall be effective for a period of two years after the date of preliminary plat approval by the City Council unless:

1.

A final plat application for the subdivision is submitted within two years of the date of preliminary plat approval by the City Council;

2.

The first of a series of final plats covering a portion of the approved preliminary plat has been recorded. The developer must present a successive plat in a series of final plats, each covering a portion of the approved preliminary, within successive two year periods after the date of approval of the latest final plat in the series; or

3.

If the developer fails to record a final plat for any portion of the tentative map within two years after the date of approval of the preliminary plat or within one year after the date of approval of the most recently recorded final plat, all proceedings concerning the subdivision are terminated.

4.

The City Council may grant an extension of time of up to one year for the recordation of any final plat. If the developer is submitting final plats for a phased subdivision in a timely manner, no new requirements or conditions other than those imposed on each of the final plats in the series may be placed on the final map when an extension of time is granted unless the requirement is directly attributable to a change in applicable laws that affect the public health, safety or welfare.

(Ord. No. 19485, § 1, 9-18-2023)

14-702-03-A.

Minor subdivisions may include:

1.

A division of land into no more than three lots.

2.

An adjustment in boundaries between the owners of adjoining platted lots.

3.

An adjustment of building lines.

4.

A replat to combine two or more lots or tracts into no more than three new lots.

5.

A replat of up to three lots containing two-, three- or four-family residential structures, for the purpose of subdividing the dwelling units for individual ownership of each unit. Common area(s) previously created on a final plat may be re-subdivided on such a minor resurvey, but no common area shall be created on a minor plat.

14-702-03-B.

Minor Subdivision; Application—Contents and Submission Requirements.

1.

Requirement. The subdivider or surveyor shall submit the minor plat to the Community Development Department for review. All general application requirements and plat submission requirements in Section 14-702-04 must be provided.

2.

Supplementary Information. The following supplementary documents and information shall be submitted with the minor plat:

(a)

Affidavit of minimum improvements (see final plat section below).

(b)

Engineering plans, if required (see final plat section below).

14-702-03-C.

Consideration, Approval and Recordation.

1.

Review of Minor Subdivisions. The Director shall coordinate review and analysis of the minor plat by the City staff.

2.

Approval by City Staff. The Director and City Engineer or designee may approve the minor plat if the subdivider presents clear and convincing evidence that the minor plat conforms to all applicable requirements of the municipal Code and any modifications granted pursuant to this section, and that all submission requirements have been satisfied. The Director may refer a proposed minor plat to the Commission and Governing Body.

3.

Recordation of Minor Subdivision. After approved by City staff, the subdivider shall prepare and submit for recording purposes, the number of copies of the minor subdivision as required by the Director, properly signed, and acknowledged by appropriate persons. The approved minor subdivision shall be recorded at the appropriate county recorder of deeds office at the subdivider's expense.

4.

If a minor subdivision is not recorded within six months of the date of the City's approval, it will become null and void and a new minor subdivision application must be submitted and approved in accordance with Section 14-702-03.

14-702-03-D.

General requirements.

1.

Lot Size. All lots platted or any remaining platted or unplatted land shall meet all zoning requirements for lot sizes.

2.

Public Improvements. No building permit shall be issued for a lot or tract resulting from a minor subdivision unless all required public improvements for the minor plat have been substantially completed, as provided in this article.

3.

Dedication Requirements. A minor subdivision may not include a new street to be dedicated to the City. A minor subdivision may include the dedication of additional right-of-way on an existing dedicated street, subject to the approval of the City Engineer. A minor subdivision may include the dedication of utility easements.

4.

Statement Dedicating All Easements. Language shall be added to every plat in which an easement is dedicated, stating that the grantor, on behalf of himself, his heirs, his assigns and successors in interest, hereby waives, to the fullest extent allowed by law, including, without limitation, RSMo 527.188, any right to request restoration of rights previously transferred and vacation of the easement herein granted.

(Ord. No. 17534)

14-702-04-A.

Application Filing. After approval of the preliminary plat, the developer is authorized to prepare construction plans for all subdivision improvements proposed to be dedicated to the City as prescribed in Article 6, Subdivision Design and Improvements. Upon approval of the required construction plans by the City Engineer the developer may submit to the Community Development Director an application for final plat approval as provided in Section 14-700-03.

14-702-04-B.

Contents of Final Plat. The final plat prepared for recording must be drawn at a scale of not less than one inch = 100 feet. The size of sheets on which the final plats are submitted must be 24 by 36 inches. Each sheet must have a 1¼-inch binding edge along the short dimension and a ¼-inch border along all other sides. Where the proposed plat is of unusual size, the final plat must be submitted on two or more sheets of the same dimensions. If more than two sheets are required, an index map showing the entire development must be shown on each sheet. The final plat must contain the following information:

1.

Name of the subdivision that does not duplicate or closely approximate the name of any existing subdivision;

2.

Location by section, township, range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions of second order surveying accuracy that must close. A final plat must show ties to the state plane coordinate system. All calculations must be furnished showing bearings and distances of all boundary lines and lot lines;

3.

Accurate legal description, accompanied by a legal description closure report;

4.

Location of the subdivision boundaries shown in reference to existing official monuments or the nearest established street lines, including true angles and distances to such reference points or monuments. All section and land corners referenced on the plat and legal description must be identified as to what was physically found or set,( e.g., aluminum monument, ½" iron bar). These same corners must also be referenced and reference ties submitted with the plat on the certified land corner restoration/reestablishment sheet provided by the Missouri Department of Natural Resources, Division of Geology and Land Survey (MLS). If the section corner referenced on the plat has been previously referenced and reference ties have not changed since submission to the MLS, the MLS document number for those corners must be indicated on the plat;

5.

Total acreage of the proposed subdivision;

6.

Location of lots, streets, public highway, alleys, sidewalks, parks and other features with accurate dimensions in feet and decimals of feet, with the length and radii and/or arcs of all curves indicated with all other information necessary to reproduce the plat on the ground. Dimensions must be shown from all angle points and points of curvature to the lot lines;

7.

Area in square feet for each lot or parcel;

8.

When lots are located on a curve or when side lot lines are at angles other than 90 degrees, the width of the lots are measured at the building line;

9.

Lots must be numbered clearly. If blocks are to be numbered or lettered, these should be shown clearly in the center of the block. (Consecutive lot numbering is preferred over block numbering);

10.

Street addresses for each lot as provided by the Community Development Department must be indicated;

11.

The exact locations, widths, and names of all streets and alleys to be dedicated;

12.

Location, purpose and width of all easements to be dedicated. Existing easements dedicated by separate document shall include references to the County recording data;

13.

Boundary lines and description of boundary lines of any area other than streets and alleys that are to be dedicated or reserved for public use, including open space for public use;

14.

Building setback lines on the front of all lots and the side streets of corner lots, including dimensions and dedications;

15.

Statement dedicating all easements, streets, sidewalks, alleys and other public area, properly signed and acknowledged by appropriate persons, including certification and other language as may be required;

(a)

Signature blocks for the following certificates, with the corresponding name typed, printed or stamped beneath the signature:

(b)

Signatures of the owner or owners and notary public;

(c)

Certification by a Registered Land Surveyor that details of the plat are correct; and

(d)

Certificate of approval to be signed and dated by the City Clerk, City Municipal Services Director, Community Development Director, and County Assessor. If a plat consists of more than one sheet, the certifications for City approval must be repeated on each sheet.

16.

Floodplain/floodway locations;

17.

Name and address of developer and surveyor making the plat;

18.

Scale of the plat at not less than one inch represents 100 feet (the scale to be shown graphically and in feet per inch), date, and north point; and

19.

Information required to be recorded on the final plat or a reference to documents required to be recorded with the final plat. Such information must include but not be limited to covenants that run with the land and conditions of final plat approval imposed by the City Council.

20.

Exact location of all existing structures and physical improvements, when requested.

14-702-04-C.

Supplemental Application Requirements. The following supplementary documents and information must be submitted with the final plat:

1.

An electronic copy of the plat in AutoCAD 2000 or later version;

2.

An electronic copy of the plat in PDF format;

3.

A copy of the proposed restrictive covenants;

4.

Home Owners Association declaration;

5.

Easements for off-site improvements; and

6.

Documentation assuring permanent responsibility for the maintenance of common areas, the fence/screening tracts or easements;

14-702-04-D.

Review and Action by Planning Commission. The Planning Commission must consider and make a recommendation to the City Council on the final plat within 60 days after the application is submitted to the Planning Commission. The Planning Commission may recommend approval of the final plat if the developer presents clear and convincing evidence that the final plat substantially conforms to the approved preliminary plat, the plat conforms to all applicable requirements of the Code and any modifications granted and all submission requirements have been satisfied. If no recommendation is made by the Planning Commission within 60 days after the date of submission of the application, the Planning Commission will be deemed to have recommended approval of the final plat, as filed, to the City Council. The period for Commission recommendation, however, may be extended by written approval of the developer or his agent, or if the developer or his agent orally requests a tolling of this time period on the record at a meeting of the Planning Commission.

14-702-04-E.

City Council Action Upon Planning Commission Recommendation. Following review and recommendation by the Planning Commission, the final plat must be transmitted to the City Council for final action. The actions of the City Council must be by ordinance, which must include approval of the final plat for recording. Such approval must be signified by the signature of City Clerk and the seal of the City imprinted on the plat.

14-702-04-F.

Criteria for Approval. The City Council may not approve the final plat unless it finds that the developer has presented clear and convincing evidence that the final plat substantially conforms to the approved preliminary plat, the plat conforms to all applicable requirements of the Code and any modifications granted, all submission requirements have been satisfied, developer has satisfied all conditions attached to approval of the preliminary plat.

14-702-04-G.

Conditions Stated on Plat and Endorsement of Plat. If the plat is conditionally approved, the ordinance must clearly state the conditions of approval to be satisfied and the Community Development Director may not endorse the final plat until all conditions for approval imposed by the City Council on such final plat are satisfied.

14-702-04-H.

Recordation of Plats. The approved plat must be returned to the developer for recording upon receipt of any required improvement guarantees and upon satisfactory fulfillment of any conditions of approval that are prerequisite to the recording of the plat. The developer is responsible for recording the plat with the Jackson County Recorder of Deeds office. Within 15 days of recordation of the final plat, the developer must deliver two reproducible Mylar copies of the recorded final plat to the Community Development Department along with a recorded copy of the Declaration of Covenants and Restrictions and Articles of Incorporation establishing a Home Owners Association if required by this Code.

14-702-04-I.

Effect of Failure to Timely Record a Final Plat. If a final plat is not recorded within one year of the date of the City Council's approval of the final plat, the approval will become null and void and a new final plat application must be submitted to the Planning Commission and the City Council for their consideration.

(Ord. No. 19194, § 1, 2-16-2021; Ord. No. 19485, § 1, 9-18-2023)

See Chapter 20 of the City Code.

(Ord. No. 17713)

Applications for approval of a planned unit development may be filed only by the subject landowner or the subject landowner's authorized agent.

Planned unit development overlay districts are established through the approval of a rezoning application, in accordance with the hearing and notice requirements of Section 14-700-08. A PUD rezoning must be processed concurrently with a preliminary development plan application. Final development plan approval is required after approval of the rezoning and preliminary development plan, except as provided for below. This section sets forth the required review and approval procedures for PUD preliminary and final development plans.

All developments require review and approval of a preliminary development plan before submittal of a final development plan.

Approval of preliminary and final development plans must occur before any building permit is issued and before any development activity takes place in a PUD district.

14-703-05-A.

Application Filing. Preliminary development plan applications must be filed with the Community Development Director at the same time as a PUD rezoning application and must be processed in the same manner as provided in Section 14-701-02-D.

14-703-05-B.

Application Contents.

1.

The application must include a general location map, which must show the location of the property in relation to at least one intersection of two streets shown as collector or arterial streets on the City's Major Thoroughfare Plan.

2.

The application must include a statement by the landowner setting forth the reasons why a planned unit development would be in the public interest and would be consistent with the statement of objectives for planned unit development.

3.

A preliminary development plan at a scale no smaller than one inch = 100 feet and must include all of the area proposed to comprise the planned unit development.

4.

The plan and supporting documents must include the following information:

(a)

A legal description of the site sealed by a registered surveyor or engineer;

(b)

The dimensions of all property boundaries;

(c)

The owners of record and any other parties having an interest in the proposed development;

(d)

Topographical survey of the site at an interval of not more than five feet or more frequent interval, as required by the Municipal Services Department;

(e)

The location of all existing structures, easements, utilities, proposed utilities, and public dedication either through, adjacent to or on the site;

(f)

The existing public and private street system, platted or un-platted ownership, type and location of structures, and topography extending 200 feet beyond the outside boundaries of the proposed development;

(g)

The width, grade, location and ownership of all proposed public and private streets and sidewalks in the area to be developed;

(h)

The use, height, floor area, and approximate location of all proposed buildings and other structures;

(i)

Preliminary elevations of buildings. In the event of several building types, a minimum of one elevation of each type is required;

(j)

The number of dwelling units to be contained in each building proposed for residential use;

(k)

The location, dimension and capacity of all proposed off-street parking areas in the area to be developed;

(l)

The location, dimension, acreage, and ownership of all proposed public and private recreation areas, open space and non-encroachable areas;

(m)

Dimensions and notes as deemed necessary to show compliance with the development standards of this article;

(n)

A schedule showing the proposed time and sequence within which the applications for final approval of all portions of the planned unit development are intended to be filed. The Planning Commission may either approve or modify the submitted development time schedule. The development phases as shown on the time schedule must also be indicated on the plan;

(o)

As part of the development time schedule each phase must have a summary of the number of units of each type of use, the number of dwelling units, the acreage devoted to residential, nonresidential, commercial, recreation, open space, non-encroachable area, streets (both public and private), off-street parking, and other major land uses, density, public lands (existing and proposed), and the total number of acres contained in each development phase;

(p)

A summary of the total number of units of each type of use, number of dwelling units, the acreage devoted to all major land uses, the acreage of public lands and areas proposed for public ownership, the acreage of the total area proposed to be developed, and the overall net density of the development;

(q)

A statement as to the feasibility of proposals for the disposition of sanitary waste and stormwater, and how all utilities are to be provided including sewerage, water, storm drainage, gas and electricity, and how completion of all improvements is to be guaranteed;

(r)

A statement as to the form of ownership proposed to own and maintain the common open space, recreation facilities, non-encroachable area and any other area within the area proposed to be developed that is to be retained primarily for the exclusive use and benefit of the residents, lessee and owners of the planned unit development;

(s)

A statement as to the substance of the covenants, grants of easements or other restrictions to be imposed upon the use of the land; buildings and structures, including proposed easements or grants for public utilities;

(t)

The plan must include a tentative dedication clause for the dedication of public utility and drainage easements, street rights-of-way and the following statement: "We hereby dedicate to the City of Independence the right to regulate any construction over the area designated as common open space, open air recreation area, and non-encroachable area and to prohibit any construction within said areas and spaces inconsistent with the approved use or enjoyment of residents, lessees and owners of the Planned Unit Development";

(u)

A statement specifying those modifications, reductions and waivers being requested as part of the plan approval and setting forth reasons why, in the opinion of the landowner, such should be allowed;

(v)

One north-south and one east-west elevation across the site to show typical site layout, grade, etc.; and

(w)

A preliminary landscape plan to include the general extent and character of the proposed landscaping.

5.

The plan must be submitted so as to conform to the requirements for the submission of a preliminary plat under Section 14-702-02, except where such requirements conflict with the requirements of this article.

14-703-05-C.

Phased Development Schedule. If the applicant proposes to develop a PUD in phases, the application must contain a proposed phasing schedule. In a phased development, open space and site amenities must be apportioned among the phases in proportion to the amount of development occurring in each phase, so that, for example, when the development is 40 percent complete, 40 percent of the open space and amenities will be complete, transferred to the association or other permanent owner, and properly restricted as required by this Code. Unless otherwise approved, the entire detention basin must be provided during phase one of the project. The Municipal Services Department may approve construction of detention facilities in more than one phase of the project.

14-703-05-D.

Public Hearing Notice. Newspaper, posted and mailed notice of the Planning Commission's public hearing must be provided in accordance with Section 14-700-08.

14-703-05-E.

Planning Commission's Review/Recommendation. The Planning Commission must hold a public hearing on the application following proper filing and notice of the application. Following the public hearing the Planning Commission must make a recommendation to the City Council regarding the approval, approval with modifications, or denial of the subject application. Such recommendation must be based on the review criteria set forth in Section 14-703-05-H.

14-703-05-F.

City Council Decision. Following receipt of the Planning Commission recommendation, the City Council must hold a public hearing as provided in Section 14-700-09. Following completion of the public consideration, the City Council may either, (1) adopt, modify or reject the proposed ordinance or; (2) remand, with instructions, the same to the Planning Commission for further consideration. Such action must be based on review criteria as set forth in Section 14-703-05-H.

14-703-05-G.

Protest Petitions. Protest petitions must be the same as prescribed in Section 14-700-13.

14-703-05-H.

Review Criteria. Recommendations and decisions on proposed preliminary development plans must be based on consideration of at least the following criteria:

1.

The consistency with the Comprehensive Plan;

2.

The consistency with the PUD standards of Section 14-902, including the statement of purpose;

3.

The nature and extent of common open space in the PUD;

4.

The reliability of the proposals for maintenance and conservation of common open space;

5.

The adequacy or inadequacy of the amount and function of common open space in terms of the densities and dwelling types proposed in the plan;

6.

The extent to which the proposed use will adversely affect the capacity of safety portions of the street network or present parking problems in the vicinity of the property. Whether adequate provision for public services, provides adequate control over vehicular traffic, and furthers the amenities of light and air, recreation and visual enjoyment;

7.

The extent to which the proposed use will have a substantially adverse effect on adjacent property and the development or conservation of the neighborhood area;

8.

Whether potential adverse impacts have been mitigated to the maximum practical extent;

9.

Whether the preliminary development plan represents such a unique development proposal that it could not have accomplished through use of (non-PUD) conventional zoning regulations; and

10.

The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the PUD in the case of a plan that proposes development over a period of years.

14-703-05-I.

Effect of Preliminary Development Plan Approval. Approval of the preliminary development plan constitutes approval of a preliminary plat. A preliminary plat review fee is not required.

14-703-05-J.

Status of Preliminary Development Plan after Approval.

1.

The applicant and the applicant's agent must be given written notice of the action of the City Council.

2.

Approval of a preliminary development plan does not qualify as a final plat of the planned unit development for recording purposes.

14-703-05-K.

Expiration of Approval. Preliminary development plan approval shall not be valid for a period longer than 24 months from the date of such approval, unless within such period a final development plan application is submitted.

1.

The application for extension or modification may be made by letter to the Community Development Director and will be considered only if received before the expiration date of the approval. The Community Development Director may forward such request, with any recommendation of the Community Development Director, to the City Clerk for scheduling on the agenda of the City Council. The Community Development Director must notify the applicant by first class mail of the date of the proposed consideration by the City Council. On that date, the City Council must hear from the applicant and the Community Development Director and may hear from other interested parties. Only two such extensions may be granted.

2.

After expiration of a preliminary development plan, the PUD Overlay zoning will remain in effect for the affected property, but further development on the property will require the approval of a new preliminary development plan, in accordance with the procedures and standards in effect at the time of the new application.

3.

Approval of a preliminary development plan does not, in itself, vest any rights.

14-703-05-L.

Changes to preliminary development plans.

1.

Required. When a change is proposed to an approved preliminary development plan, the following shall govern the type of application required.

(a)

Major changes. Major changes to the approved preliminary development plan, as defined in Section 14-703-07-A, shall require the submittal of a new preliminary development plan. Approval of the new preliminary development plan shall follow the procedures for approval of preliminary development plan applications as set forth in this article. In determining whether to approve an application for a substantial change to a preliminary development plan, the Commission or Governing Body shall apply the criteria set forth in this article. In the event that the application for the preliminary development plan is denied, the previously approved preliminary development plan will remain in effect.

(b)

Minor changes. Minor changes to the approved preliminary development plan, as defined in Section 14-703-07-B, may be approved by the Director as part of a final development plan application.

(c)

No changes. If there are no changes to an approved preliminary development plan, a final development plan shall be submitted for approval by the Director.

(Ord. No. 18618; Ord. No. 19485, § 1, 9-18-2023)

14-703-06-A.

Application Filing. Final development plan applications must be filed with the Community Development Director after approval of and before the expiration of a preliminary development plan. A final development plan may be submitted for a portion of the area in the approved preliminary development plan. The final development plan must be in substantial compliance with the previously approved preliminary development plan.

14-703-06-B.

Application Contents. The final development plan, in its entirety or in phases, must be prepared by an architect, engineer, landscape architect, or other qualified professional and include the following information:

1.

Drawn to a standard engineers scale of one inch equals 30 feet or larger for sites of five or fewer acres and be prepared at a scale of one inch equals 40 feet for sites over five acres;

2.

The top of the plan represents north or, if otherwise oriented, is clearly and distinctly marked;

3.

Be arranged so that the top of the plan represents north or, if otherwise oriented, is clearly and distinctly marked;

4.

A small key map indicating the location of the property within the City;

5.

A legal description which accurately describes the limits of the property;

6.

Property boundaries with bearings and distances;

7.

Area of land in square feet and acres;

8.

Existing and finished grades at not more than two-foot intervals;

9.

Location of existing and proposed utilities and easements;

10.

Plan and profile of existing sanitary sewers, water mains, storm sewers and culverts within and adjacent to the site;

11.

Name, location, width, radii, centerline, and grade of streets and alleys, both public and private;

12.

Location of existing and proposed driveways, curb cuts, median breaks and turn lanes;

13.

Location, width and limits of all existing and proposed sidewalks and public walkways;

14.

Proposed storm drainage flow (using directional arrows) on and off the site.

15.

Supplemental storm water information required by City regulations;

16.

A site summary table which indicates:

(a)

Building area (in sq. ft.) and building area as a percentage of the site;

(b)

Paved surface area (in sq. ft.) and paved surface area as a percentage of the site;

(c)

Unpaved surface areas (in sq. ft.) and unpaved surface areas as a percentage of the site.

17.

Location, dimensions, number of stories, entrances, and area in square feet of existing and proposed structures;

18.

Location, height, and material for screening walls, fences and retaining walls;

19.

Type of surfacing and base course for all parking, loading and walkway areas;

20.

Location, size and type of ground mounted equipment; (see Section 14-503 for location and screening requirements).

21.

Location, height, wattage and type of outside lighting fixtures for buildings and parking lots.

22.

Location of trash dumpster/bins (see Section 14-503 for location and screening requirements) or a note explaining how refuse removal will be handled;

23.

Show the name, business address and licensing information for that professional in the information block on each sheet;

24.

Land use schedule to include the following:

(a)

Proposed use;

(b)

Number of required and proposed parking spaces;

(c)

Total floor area;

(d)

Number of dwelling units;

(e)

Land area; and

(f)

Impervious coverage

25.

Pertinent peripheral information to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements.

26.

Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.

27.

Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan.

28.

Location of existing and proposed fire hydrants.

29.

Location of all building and parking setbacks.

30.

Proof of the establishment of an agency or entity to own, manage and maintain the common open space, open air recreation areas, recreation facilities, non-encroachable areas, private streets and any other area within the development that is to be retained for the exclusive use and benefit of the residents, lessees and owners;

31.

Copies of all restrictions or covenants that are to be applied to the development area;

32.

Proof that no lot, parcel, tract or other portion of the development area has been conveyed or leased prior to the recording of any restrictive covenants, final development plan, or final plat; and

33.

Such other drawings, specifications, covenants, easements, conditions, and performance bonds as set forth in the granting of preliminary approval.

14-703-06-C.

Building elevations shall be submitted for each building and shall include the following:

1.

A north, south, east and west elevation at a reasonable scale to illustrate building shape, height, and screening proposed.

2.

Notation indicating exterior colors and the building materials used on the exterior and roofs.

3.

Location, size and materials to be used in all screening of rooftop mechanical equipment.

4.

Floor plan showing dimensions and areas of all floors.

14-703-06-D.

Landscape plan shall be submitted in accordance with Section 14-503.

14-703-06-E.

Photometric plan shall be submitted in accordance with Section 14-508.

A final development plan will not be considered complete and ready for processing unless all approved conditions have been met, or if the proposed final development plan is determined to constitute a major change from the approved preliminary development plan. Major changes may be made only after rehearing and reapproval of the preliminary development plan, and the Community Development Director must notify the applicant of the provisions of this section.

14-703-07-A.

Major Changes. A major change is one that:

1.

Increases the proposed gross residential density by more than ten percent;

2.

Involves a reduction in the area set aside for common open space in general, or recreational open space or natural open space in particular, or the substantial relocation of such areas;

3.

Increases by more than ten percent the total floor area proposed for nonresidential uses;

4.

Increases by more than ten percent the total ground area covered by buildings;

5.

Changes a residential use or building type; or

6.

Increases the height of buildings by more than five feet.

7.

Decreases of any setback of more than ten percent.

8.

Decreases of areas devoted to open space of more than ten percent of such open space, or the substantial relocation of such areas.

9.

Changes of existing and/or proposed pedestrian walkways that will negatively affect pedestrian traffic.

10.

Modification or removal of conditions to the preliminary development plan approval.

11.

Changes in the ownership patterns or stages of construction that has a substantial impact on traffic circulation, creates greater loads on streets or other public facilities.

14-703-07-B.

Minor Changes. A minor change is one that:

1.

Increases in the density of residential uses up to and including ten percent.

2.

Increases in the total floor area of all nonresidential buildings covered by the plan up to and including 25 percent.

3.

Increases of lot coverage up to and including ten percent.

4.

Increases the height of buildings up to and including five feet.

5.

Decreases of any peripheral setback up to and including ten percent.

6.

Decreases of areas devoted to open space up to and including ten percent.

7.

Reconfiguration of buildings provided that no required setbacks are violated.

8.

Revised phasing plan that has no substantial impact upon traffic circulation or required street construction.

14-703-07-C.

Consideration of Final Development Plans. A final development plan that does not contain major changes to the approved preliminary development plan, as identified in this article, shall be reviewed and approved by the Community Development Director upon a determination that all conditions of approval of the preliminary development plan, if any, have been satisfied by the applicant and that other submission and ordinance requirements have been satisfied.

14-703-07-D.

Effect of Approval. Approval of a final development plan shall confer upon the applicant the right to develop the subject property in accordance with the final development plan. The right to develop in accordance with the approved final development plan shall lapse and be of no further effect if all development shown on the final development plan is not complete within the time frame established in this article.

14-703-07-E.

Expiration of Approval. Final development plan approval shall not be valid for a period of longer than 24 months from the date of such approval, unless within the period a building permit is obtained and substantial construction has commenced and all additional building permits necessary to complete the project as approved in the final development plan.

1.

For good cause shown, the expiration date may be extended by the City Council for a period not to exceed 12 months. The application for extension may be made by letter to the Community Development Director and will be considered only if received before the expiration date of the approval. The Community Development Director must forward such request, with any recommendation of the Community Development Director, to the City Clerk for scheduling on the agenda of the City Council. The Community Development Director must notify the applicant by first class mail of the date of the proposed consideration by the City Council. On that date, the City Council must hear from the applicant and the Community Development Director and may hear from other interested parties. Only two such extensions may be granted.

Applications for special use permits may be filed only by the subject landowner or the subject landowner's authorized agent.

The special use permit review and approval procedure provides a discretionary approval process for uses with unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use's operating characteristics and site development features and is intended to ensure that proposed uses will not have a significant adverse impact on surrounding uses or on the community-at-large.

Special Uses may or may not be appropriate in a given district depending on the nature of the specific use, its compatibility with surrounding uses, and mitigating site specific conditions or requirements. Such uses require individual location, design, configuration, density, and intensity in order to determine whether or not a use should be allowed. In addition, the imposition of additional conditions may be required to ensure the appropriateness and compatibility of the use at a particular location.

Prior to the submission of an application for a special use permit, the applicant must request a pre-application conference with the Community Development Director in accordance with Section 14-700-02.

14-704-05-A.

A complete application for a special use permit must be submitted to the Community Development Director as set forth in Sections 14-700-02 and 14-700-03.

14-704-05-B.

The application must include a vicinity map, which must show the location of the property in relation to at least one intersection of two streets shown as collector or arterial streets on the City's Major Thoroughfare Plan.

14-704-05-C.

Each application for a special use permit must be accompanied by a certified list of all property owners within the 185-foot notification area. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the property must be designated by legal description or a general description sufficient to identify the property under consideration.

Upon receipt of a complete application, the required public notices must be issued, as set forth in Section 14-700-08.

The Planning Commission must hold a public hearing on the application following proper filing and notice of the application. The Community Development Director must present the application to the Planning Commission, together with the Development Review Committee's and the Community Development Department's recommendations. Following the public hearing the Planning Commission must make a recommendation to the City Council regarding the approval, approval with modifications, or denial of the subject application. Such recommendation must be based on the review criteria set forth in Section 14-704-09.

Following receipt of the Planning Commission recommendation, the City Council must hold a public hearing to consider new evidence that was not available at the time of the Planning Commission hearing. Following completion of the public consideration, the City Council may either, (1) adopt, modify or reject the proposed ordinance or; (2) remand, with instructions, the same to the Planning Commission for further consideration. Such action must be based on review criteria as set forth in Section 14-704-09.

In reviewing and making decisions on proposed special uses, review and decision-making bodies must consider the following factors:

14-704-09-A.

The compatibility of the proposed use with the character of the neighborhood;

14-704-09-B.

The extent to which the proposed use is compatible with the adjacent zoning and uses;

14-704-09-C.

The impact of the proposed use on public facilities;

14-704-09-D.

The suitability of the property for the permitted uses to which it has been restricted under the applicable zoning district regulations;

14-704-09-E.

The extent to which the proposed use may injure or detrimentally affect the use or enjoyment of property in the area;

14-704-09-F.

The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm;

14-704-09-G.

The extent to which there is a need for the use in the community;

14-704-09-H.

The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this article;

14-704-09-I.

The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed use;

14-704-09-J.

The conformance of the proposed use to the Comprehensive Plan and other adopted plans and policies; and

14-704-09-K.

The extent to which the use will impact sustainability or revitalization of a given area.

In approving special use permits, the Planning Commission is authorized to recommend and the City Council is authorized to impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the neighborhood and to carry out the stated purposes of the Comprehensive Plan and this development ordinance.

Following denial of a special use permit, no new application for the same or substantially the same amendment may be accepted within one year of the date of denial.

If the applicant fails to obtain a building permit or business license as may be required within 12 months of the date of special use permit approval, the approval will be deemed to have lapsed and the special use permit approval will be deemed null and void. The 12 month time period may be extended by up to six months if the applicant submits a written request to the Community Development Director for extension prior to expiration of approval. A special use permit approval will also expire upon expiration of a building permit.

14-704-13-A.

The City Council is authorized to amend, suspend, or revoke an approved special use permit in accordance with this subsection.

14-704-13-B.

Upon its own initiative, or upon the recommendation of City staff, the City Council may establish a public hearing date to consider a proposed amendment, suspension or revocation of an approved special use permit. Notice of the City Council's public hearing must be provided in accordance with Section 14-700-08.

14-704-13-C.

At the public hearing, the City Council must accept and consider all relevant information and evidence concerning the special use.

14-704-13-D.

At the conclusion of the public hearing, the City Council must consider all relevant evidence and information and may amend, suspend, or revoke the special use if it finds, based upon a preponderance of the information and evidence, that such action is supportable in fact.

14-704-13-E.

Any motion for the amendment, suspension or revocation of a special use must clearly state the grounds, which may include incorporation of findings presented by City staff. Any motion for the amendment of a special use must clearly state the terms and conditions of suspension and at what time further review is appropriate. Any motion for the amendment of a special use must clearly state the terms and conditions of the amendment to the special use,

14-704-13-F.

The City Council must make one or more of the following findings if it seeks to amend, suspend, or revoke the special use:

1.

A condition of the special use permit approval has been violated;

2.

A violation of City Code provisions governing zoning regulations; building codes; or the environmental code; and/or

3.

A violation of any other applicable City Code provisions or any state or federal law or regulation by the landowner or agents thereof, provided that such violations relate to the conduct or activity authorized by the special use permit or the qualifications of the landowner or agents thereof to engage in such conduct or activity.

4.

A change from the original use or the intensity of the original use for which the special use permit was issued resulting in a change.

Applications for site plan approval may be filed only by the subject landowner or the subject landowner's authorized agent.

The purpose of requiring site plan review and approval is to ensure compliance with the standards of this development ordinance prior to the commencement of development activity and to encourage the compatible arrangement of buildings, off-street parking, lighting, landscaping, pedestrian walkways and sidewalks, ingress and egress, and drainage on the site and from the site in a manner that will promote safety and convenience for the public and will preserve property values of surrounding properties.

Except as expressly exempted below in Section 14-705-04, site plan review is required in all zoning districts as listed below. Those projects followed by a [1] may require a neighborhood meeting as outlined in Section 14-705-13.

14-705-03-A.

Any development project that involves:

1.

The construction of one or more new buildings with a gross floor area of 5,000 square feet or more; [1]

2.

A building addition to one or more existing buildings where the gross floor area added is 5,000 square feet or more; [1] or

3.

Separate incremental additions below the 5,000 square foot amount if the aggregate effect of such development activity over a period of 18 months would trigger the 5,000 square foot threshold; [1] or

4.

The installation or addition of more than 15,000 square feet of impervious cover.

14-705-03-B.

Any drive-through facility, except those exempted in Section 14-705-04 [1]

14-705-03-C.

Any gasoline and fuel sales use; [1]

14-705-03-D.

Any vehicle sales and service use; [1]

14-705-03-E.

Any nonresidential development involving a nonconforming use or nonconforming structure;

14-705-03-F.

Changes to the exterior of a building where a building permit is not required, or

14-705-03-G.

Whenever expressly required by any other part of the City Code.

(Ord. No. 18395)

The following are expressly exempt from the site plan review procedures of this section:

14-705-04-A.

Single family, duplex, triplex and four-plexes and their associated site improvements. However, if such types of dwellings are designed to form a complex having an area of common usage, such as a parking area or private recreational area, and such complex contains a combined total of five units or more, site plan review is required;

14-705-04-B.

Any changes to an existing drive-through facility where the access points are not being changed; and

14-705-04-C.

Developments for which plans have been reviewed and approved pursuant to the special use or PUD procedures of this development ordinance.

Prior to the submission of an application for site plan review, all applicants or agents are encouraged to attend a pre-application conference as set forth in Section 14-700-02. The purpose of the conference is to acquaint the applicant with the applicable procedures, standards and plans and to respond to any questions that the applicant may have regarding the application.

14-705-06-A.

Application Filing.

14-705-06-B.

Site plan review applications must be filed with the Community Development Director as provided in Section 14-700-03. At the time of submittal and payment of fees, the applicant must submit the required number of legible and complete site plans.

14-705-06-C.

Publication of Site Plan Application Information. Upon the filing of an application for site plan review of all nonresidential projects and for residential projects involving five or more units, the application and information pertaining to the submitted site plan shall be published by the City through one or more methods which may include a publicly distributed newsletter, a website, government access television channel, and other means reasonably available to citizens of the City. The publication shall include the location of the site, applicant's name, a general description of the project, estimated time frame for processing the application, at least one visual representation of the project, and such other information as will reasonably inform the public of the nature and scope of the project. Routing information for comments and questions shall be included in any publication. Failure to comply fully or in part with this section shall not in any way serve to invalidate actions taken with respect to processing or approving the application.

14-705-07-A.

General Requirements. A site plan must be prepared by an architect, engineer, landscape architect, or other qualified professional and include the following information:

1.

Drawn to a standard engineers scale of one inch equals 30 feet or larger for sites of five or fewer acres and be prepared at a scale of one inch equals 40 feet for sites over five acres;

2.

The top of the plan represents north or, if otherwise oriented, is clearly and distinctly marked;

3.

Be arranged so that the top of the plan represents north or, if otherwise oriented, is clearly and distinctly marked;

4.

A small key map indicating the location of the property within the City;

5.

A legal description which accurately describes the limits of the property;

6.

Property boundaries with bearings and distances;

7.

Area of land in square feet and acres;

8.

Existing and finished grades at not more than two-foot intervals;

9.

Location of existing and proposed utilities and easements;

10.

Plan and profile of existing sanitary sewers, water mains, storm sewers and culverts within and adjacent to the site;

11.

Name, location, width, radii, centerline, and grade of streets and alleys, both public and private;

12.

Location of existing and proposed driveways, curb cuts, median breaks and turn lanes;

13.

Location, width and limits of all existing and proposed sidewalks and public walkways;

14.

Proposed storm drainage flow (using directional arrows) on and off the site.

15.

Supplemental storm water information required by City regulations;

16.

A site summary table which indicates:

(a)

Building area (in sq. ft.) and building area as a percentage of the site;

(b)

Paved surface area (in sq. ft.) and paved surface area as a percentage of the site;

(c)

Unpaved surface areas (in sq. ft.) and unpaved surface areas as a percentage of the site.

17.

Location, dimensions, number of stories, entrances, and area in square feet of existing and proposed structures;

18.

Location, height, and material for screening walls, fences and retaining walls;

19.

Type of surfacing and base course for all parking, loading and walkway areas;

20.

Location, size and type of ground mounted equipment; (see Section 14-503 for location and screening requirements).

21.

Location, height, wattage and type of outside lighting fixtures for buildings and parking lots.

22.

Location of trash dumpster/bins (see Section 14-503 for location and screening requirements) or a note explaining how refuse removal will be handled;

23.

Show the name, business address and licensing information for that professional in the information block on each sheet;

24.

Land use schedule to include the following:

(a)

Proposed use;

(b)

Number of required and proposed parking spaces;

(c)

Total floor area;

(d)

Number of dwelling units;

(e)

Land area; and

(f)

Impervious coverage

25.

Pertinent peripheral information to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements.

26.

Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.

27.

Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan.

28.

Location of existing and proposed fire hydrants.

29.

Location of all building and parking setbacks.

30.

An agreement shall be provided with the site plan setting forth the development restrictions for owners and tenants in the redevelopment area, which shall include all signage provisions, operation restrictions, maintenance of property and drainage areas, landscape maintenance responsibilities, including all open space on the site, and parking provisions.

14-705-07-B.

Building elevations shall be submitted for each building and shall include the following:

1.

A north, south, east and west elevation at a reasonable scale to illustrate building shape, height, and screening proposed.

2.

Notation indicating exterior colors and the building materials used on the exterior and roofs.

3.

Location, size and materials to be used in all screening of rooftop mechanical equipment.

4.

Floor plan showing dimensions and areas of all floors.

14-705-07-C.

Landscape plan shall be submitted in accordance with Section 14-503.

14-705-07-D.

Photometric plan shall be submitted in accordance with Section 14-508.

14-705-07-E.

Reduced copies. One copy of the proposed site plan and one copy of the proposed building elevations shall be reduced onto 8½ inch by 11 inch bond paper.

(Ord. No. 17713)

14-705-08-A.

Review and Report by the Development Review Committee. Upon receipt of a complete application, the Community Development Director shall coordinate the review and analysis of the site plan to the Development Review Committee for review and comment. The Director or designee may approve the site plan provided the applicant presents clear and convincing evidence that the site plan conforms to all application requirements of this chapter and the City Code and that all submission requirements have been met. Such action must be based on review criteria as set forth in Section 14-705-09.

In order to be approved, a site plan must comply with all of the following criteria:

14-705-09-A.

The site plan must comply with all standards of the City Code, this development ordinance and other adopted City policies;

14-705-09-B.

The proposed use must be allowed in the district in which it is located or be an allowed nonconforming use;

14-705-09-C.

Vehicular ingress and egress to and from the site and circulation within the site must provide for safe, efficient and convenient movement of traffic not only within the site, but on adjacent roadways as well; and

14-705-09-D.

The site plan must provide for the safe movement of pedestrians on the subject site.

Appeals of the Community Development Director's decision on a site plan application may be taken to the Planning Commission by filing a notice of appeal with the Community Development Director. Appeals must be filed within 15 calendar days of the Community Development Director's action. The Planning Commission shall have the right to affirm or overrule the decision of the Community Development Director. Further, an applicant may appeal a decision of the Planning Commission to the City Council if such notice of appeal is made to the Community Development Director within 15 calendar days of the Planning Commission's decision. The City Council shall have the right, by resolution, to affirm or overrule the decision of the Planning Commission.

The Community Development Director is authorized to approve any modification to an approved site plan provided the site plan does not contain major changes as identified in Section 14-703-06-D and that the site plan complies with the approval criteria of Section 14-705-09. Any other modification that is considered a major change identified in Section 14-703-06-D may be approved only after the submittal of a new site plan application in accordance with Section 14-705.

In the event the landowner fails to file an application for building permit within 12 months after final approval of the site plan, then such site plan approval will expire. Approval of a site plan will also expire upon expiration of an initial, related building permit.

When a project requiring final site plan approval is within 185 feet of property zoned residential (except any City, county, state or national park property), the applicant must conduct a neighborhood meeting to inform adjacent property owners about the project before any final site plan or building permit is approved. Notice by regular mail must be sent to the last known record owners of all property within 185 feet, unless specified otherwise, as shown by the Jackson County tax records. The notice must state the time and place of the neighborhood meeting include a general description of the proposal, a location map of the property, the general street location of the property subject to the proposed change, and a statement explaining the nature of the neighborhood meeting. Failure to receive mailed notice will not invalidate any action taken on the application.

The applicant shall schedule the neighborhood meeting for a time, date and place reasonable to allow the adjoining property owners to attend. The applicant shall provide the Community Development Department an affidavit stating when and where the meeting was held along with the list of the property owners the notice was mailed to.

(Ord. No. 18395)

14-706-01-A.

Authority to File. Applications for administrative adjustments may be filed only by the subject landowner or the subject landowner's authorized agent.

14-706-01-B.

Purpose. This section sets out the required review and approval procedures for administrative adjustments, which are minor deviations from otherwise applicable standards that may be approved by the Community Development Director.

14-706-01-C.

Applicability. The Community Development Director is authorized to approve the following types of administrative adjustments:

1.

Modifications of ten percent or less of any zoning district setback, lot size, lot width, building coverage or height standard;

2.

Alternate parking plans involving a modification of ten percent or less of any of the off-street parking and loading standards of Section 14-501;

3.

In specific circumstances where adjustments to the landscape requirements may be appropriate, an alternate landscape plan may be approved by the Community Development Director. Such approval shall be in consideration with Section 14-503. Such adjustments shall be clearly identified on the landscape plan along with a written description of the approved adjustment;

4.

Modifications of ten percent or less of any sign height or setback

14-706-01-D.

Application Filing. Applications for administrative adjustments must be submitted to the Community Development Director on the appropriate application form with accompanying fees.

14-706-01-E.

Review and Decision. The Community Development Director must review each application for an administrative adjustment and act to approve, approve with conditions or deny the application based on the approval criteria of Section 14-706-01-F.

14-706-01-F.

Approval Criteria. Administrative adjustments may be approved by the Community Development Director only upon a finding that all of the following criteria have been met:

1.

The requested adjustment is consistent with the stated purposes of this development ordinance;

2.

The requested adjustment eliminates an unnecessary inconvenience to the applicant and will have no appreciable adverse impact on the health, safety or general welfare of surrounding property owners or the general public;

3.

Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum practical extent; and

4.

The owner of any real property that would be affected by the administrative adjustment has provided written consent to the applicant.

14-706-01-G.

Findings of Fact. The decision of the Community Development Director must be accompanied by written findings of fact specifying the reasons for the decision.

14-706-01-H.

Conditions of Approval. In granting an administrative adjustment, the Community Development Director may impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the neighborhood and to carry out the stated purposes of the Comprehensive Plan and this development ordinance.

14-706-01-I.

Notice of Decision. Within five days of the Community Development Director's decision on an administrative adjustment, the Community Development Director must mail notice of the decision to the applicant and all other parties who have made a written request for notification.

14-706-01-J.

Appeals. Appeals of the Community Development Director's decision on an administrative adjustment must be taken to the Board of Adjustment with the exception of appeals on Article 5 Subsection 14-506 which must be taken to Planning Commission by filing a notice of appeal with the Community Development Director. Appeals to the Planning Commission must be filed within 15 calendar days of the Community Development Director's action. The Planning Commission shall have the right to affirm or overrule the decision of the Community Development Director. Further, an applicant may appeal a decision of the Planning Commission to the City Council if such notice of appeal is made to the Community Development Director within 15 calendar days of the Planning Commission's decision. The City Council shall have the right, by resolution, to affirm or overrule the decision of the Planning Commission. The appeal will be considered an application for a variance processed in the manner prescribed in Section 14-706-02.

(Ord. No. 17942; Ord. No. 19244, § 1, 8-16-2021)

14-706-02-A.

Authority to File. Applications for zoning variances may be filed only by the subject landowner or the subject landowner's authorized agent.

14-706-02-B.

Authority and Applicability. The zoning variance procedures of this section authorize the Board of Adjustment to approve, in specific cases, variances from specific zoning standards of this development ordinance that will not be contrary to public interest and where, owing to special conditions, a literal enforcement of zoning standards would result in unnecessary hardship.

14-706-02-C.

Prohibited Zoning Variances. The zoning variance procedures of this article may not be used to:

1.

Permit a principal use in a zoning district that is not otherwise allowed in that district;

2.

Waive, modify or otherwise vary any of the subdivision design or improvement standards of Article 6, Subdivision Design and Improvements;

3.

Waive, modify or amend any definition or use classification;

4.

Waive, modify or otherwise vary any of the review and approval procedures; or

5.

Waive, vary, modify or otherwise override a condition of approval or requirement imposed by another decision-making body.

14-706-02-D.

Application Filing. Zoning variance applications must be filed with the Community Development Director as provided in Section 14-700-03. The application must be signed by all owners of the property and must include:

1.

The correct legal description of the property;

2.

The current zoning of the property;

3.

The name, address and phone number of at least one property owner or designated representative who will be the contact person;

4.

A clear description of the request;

5.

A narrative explanation of how, in the applicant's opinion, the findings required for granting a variance as described in Section 14-706-02-H are met; and

6.

A site plan, drawn to scale, showing existing and proposed buildings parking areas and other improvements with their dimensions and distances from lot lines indicated.

14-706-02-E.

Public Hearing Notice. Newspaper and mailed notice of the Board of Adjustment's public hearing must be provided in accordance with Section 14-700-09.

14-706-02-F.

Staff Review and Report. The Community Development Director must review each proposed variance application in accordance with the review and decision-making criteria of Section 14-706-02-H and, if deemed necessary, distribute the variance application to other agencies and reviewers. Based on the results of those reviews, the Community Development Director must provide a report on the variance application to the Board of Adjustment.

14-706-02-G.

Board of Adjustment's Hearing and Decision. The Board of Adjustment must hold a public hearing on the proposed variance and review the application in accordance with the applicable review criteria of Section 14-706-02-H. Following the public hearing, the Board of Adjustment must approve, approve with conditions, or deny the application. A concurring vote of at least four members of the Board of Adjustment is required to approve any variance request.

14-706-02-H.

Review Criteria—Findings.

1.

A non-use variance may be granted by the Board of Adjustment upon an affirmative finding that all of the following conditions have been met:

(a)

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;

(b)

The requested variance will not adversely affect the rights of adjacent property owners or residents;

(c)

Requiring strict compliance with the subject zoning regulation will constitute a practical difficulty for the subject property owner; and

(d)

The requested variance will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.

(e)

The alleged hardship has not been created by any person presently having an interest in the property; and

(f)

The variance, if granted, will not alter the essential character of the neighborhood.

2.

The Board of Adjustment must make a determination on each condition, and its findings must be entered in the official record.

14-706-02-I.

Conditions of Approval. In granting a variance, the Board of Adjustment may impose such conditions, safeguards and restrictions upon the premises benefited 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 ordinance.

14-706-02-J.

Expiration of Approval. In the event the property owner fails to file an application for building permit within six months after final approval of the variance has been granted, then such variance will expire in accordance with the following provisions:

1.

For good cause shown, the expiration date may be extended by the Board of Adjustment for a period not to exceed six months. The application for extension or modification may be made by letter to the Community Development Director and will be considered only if received before the expiration date of the variance. The Community Development Director must place such request, with any recommendation of the Community Development Director on the agenda of the Board of Adjustment. The Community Development Director must notify the applicant by first class mail of the date of the proposed consideration by the Board. On that date, the Board must hear from the applicant and the Community Development Director and may hear from other interested parties. Only one such extension may be granted.

2.

No action by the City will be necessary to cause the variance to expire. Its expiration will be considered a condition of the original approval. After the expiration date, or extended expiration date, any further application for a building permit or for other development activity on the site will be considered as though the variance had not been granted.

3.

Approval of a variance does not, in itself, vest any rights. Rights vest only after the related building permit is issued and substantial construction is begun in reliance on that permit.

4.

A variance will also expire upon expiration of a building permit.

14-706-02-K.

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 must be presented to the court within 30 days after the date of the Board of Adjustment's decision on the matter.

(Ord. No. 17446; Ord. No. 17534)

This section sets out the required review and approval procedures for appeals of administrative decisions.

Unless an alternative appeal process is specified in this development ordinance, the Board of Adjustment is authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official of the City in the administration or enforcement of this development ordinance. Any person aggrieved by an administrative decision may file such an appeal.

Applications for appeals of administrative decisions must be submitted to the Community Development Director as provided in Section 14-700-03, along with the non-refundable fee that has been established by the City to defray the cost of processing the application. No application will be processed until the application is complete and the required fee has been paid.

Appeals of administrative decisions must be filed within ten working days of the date of the decision being appealed.

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 life or property. In such case, proceedings will not be stayed other than by a restraining order which may be granted by a court of record.

The Community Development Director, or the official whose decision is being appealed, must transmit to the Board of Adjustment all papers constituting the record upon which the action appealed is taken.

Appeals of administrative decisions must be taken to the Board of Adjustment. The Board of Adjustment must grant to 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 will 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 must remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision in light of such evidence. A concurring vote of four members of the Board of Adjustment will be necessary to reverse any order, requirement, decision, or determination of an administrative official.

An appeal will be sustained only if the Board of Adjustment finds that the administrative official erred. Every decision of the Board of Adjustment must be accompanied by a written finding of fact specifying the reason for the decision and said written findings must be filed in the office of the Board of Adjustment within 15 days after the date of the final action.

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 must be presented to the Court within 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.

The guidelines for special events in Independence, as defined in Section 14-201-01 and on file in the City Clerk's Office are incorporated herein by reference and shall have the power of law. The guidelines for events in Independence may be amended from time to time by a resolution adopted by the City Council.

(Ord. No. 18869)

14-708-02-A.

Authority to File. Applications for sign permits may be filed only by the subject landowner or the subject landowner's authorized agent.

14-708-02-B.

Applicability. A sign permit is required in accordance with this section for the erection of any sign other than those exempted from permit requirements by Section 14-504-04.

14-708-02-C.

Application Submittal. A complete application for a sign permit must be submitted to the Community Development Director as set forth in Section 14-700. All sign permit applications must provide information regarding the location, materials, size, color, and illumination.

14-708-02-D.

Review and Action by the Community Development Director. The Community Development Director must review each sign permit application for compliance with this development ordinance and act to approve, approve with conditions, or deny the permit.

14-708-02-E.

Maintenance and Repair. Cleaning, painting, repainting and other normal maintenance and repair of a sign do not require a sign permit unless a structural or size change is made. Maintenance does not include replacement of a sign face.

14-708-02-F.

Planning Commission Review and Approval, When Required. Planning Commission review and approval shall be required for any sign(s) for which a sign permit cannot be granted by the Community Development Director without further authorization. These special sign permit applications shall be considered by the Planning Commission:

1.

A special sign permit application is not required for any sign(s) that can be approved by the Community Development Director.

2.

A special sign permit application is not required when approval of a sign modification is granted by the City Council as part of a preliminary development plan.

3.

The Planning Commission shall not grant approval for a prohibited sign, as identified in Article 14-504.

4.

When required, a special sign permit application shall be submitted in accordance with the general application requirements in Article 14-700, including the fee(s), as established by the latest Schedule of Fees, adopted by City Council.

5.

If a special sign permit application is approved by the Planning Commission, the applicant shall apply for a sign permit for each sign so approved, which shall be issued by the Director upon satisfaction of the sign permit requirements.

14-708-02-G.

Unified Sign Plans. When a unified sign plan is required by Section 14-504-14-C a special sign permit application is required. Special sign permit applications shall be considered by the Planning Commission in the manner described below.

14-708-02-H.

Planning Commission Consideration. The Planning Commission may consider special sign permit applications for permitted permanent signs in Article 14-504 which exceed the maximum number of signs permitted, maximum sign area, or maximum height. They may also consider applications for signs that do not meet setback requirements or for types of signs otherwise not be allowed if they are not prohibited by Article 14-504. Recommendations to and decisions of the Planning Commission on special sign permit applications must be based on consideration of the following:

1.

The purpose and intent of the article,

2.

Use of the facility,

3.

Size of the site

4.

Height of the building,

5.

Number, size, and height of signs on the surround properties,

6.

Number, size, and height of signs previously approved for similar uses within the community,

7.

Surrounding zoning and land uses,

8.

Topography of the site, and

9.

Any other factor relating to:

a.

The physical character of the sign, excluding content except for obscenity,

b.

Its physical relationship to the principal building and site, and

c.

Any unique visibility considerations.

14-708-02-I.

Expiration of Planning Commission Approval. Planning Commission approval expires in the event the applicant/property owner fails to file a sign permit application within one year of said approval. Planning Commission approval will also expire upon expiration of a sign permit.

14-708-02-J.

Appeals of Planning Commission Decision.

1.

Special sign permit applications submitted to the Planning Commission must be approved, approved with conditions, or denied. Should the Planning Commission either deny or approve an application with conditions unsuitable to the applicant, the applicant may appeal the application to the City Council requesting that it consider and take final action on the permit application.

2.

The City Council must consider and take final action on a sign permit application on an appeal from an action of the Planning Commission. The City Council must act on a resolution after reviewing the record of the proceedings from the Planning Commission, and may approve, approve with conditions, deny, or remand such application to the Planning Commission for further consideration. No additional public testimony before the City Council will be accepted.

(Ord. No. 19256, § 2, 9-7-2021)

Reserved.

14-708-04-A.

Authority to File. Applications for building permits may be filed only by the subject landowner or the subject landowner's authorized agent.

14-708-04-B.

Applicability. In accordance with Chapter 4 of the City Code, it is 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 therefore. This section sets out the required review and approval procedures for building permits.

14-708-04-C.

Application Submittal. A complete application for a building permit must be submitted to the Building Inspection Division 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 application. No building permit application may be processed until the application is complete, all applicable development approvals have been secured, including a released site plan and plot plan, and the required fee has been paid.

14-708-04-D.

Review and Action—Building Inspection Division. The applicant must be advised in writing of the reasons for denial of a building permit.

14-708-04-E.

Expiration. Building permits will be subject to the expiration provisions of the Building Code.

14-708-04-F.

Revocation. A building permit may be revoked by the Building Inspection Division at any time prior to the completion of the building or structure for which the same was issued, when the Building Official 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 ordinance are being violated. Written notice of such revocation must 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 must be posted in a prominent location, and, after the posting of a stop work order, it will 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.

14-708-04-G.

Prerequisite to Building Permit. A final plat must 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. A building permit must be obtained from the Building Inspections Division.

14-708-05-A.

Authority to File. Applications for certificates of occupancy may be filed only by the subject landowner or the subject landowner's authorized agent.

14-708-05-B.

Applicability. No structure or addition thereto constructed, built, moved, remodeled or reconstructed after July 1, 2019 may be occupied or used for any purpose, and no land that is vacant on July 1, 2009 may be used for any purpose except for Agriculture, and no use of any land or structure may be changed to any other use, unless a temporary certificate of occupancy or an certificate of occupancy is first obtained from the Building Official. This section sets out the required review and approval procedures for certificates of occupancy.

14-708-05-C.

Certificate Request. A request for a certificate of occupancy must be made to the Building Inspection Division by the building permit holder.

14-708-05-D.

Review and Action-Building Inspection Division. No certificate of occupancy for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after July 1, 2009 may be issued until such work has been completed and the premises inspected and certified by the City to be in full and complete compliance with the plans and specifications upon which the building permit was issued. No certificate of occupancy for a new use of any structure or land may be issued until the premises have been inspected and certified by the City to be in full and complete compliance with all the applicable regulations of zoning district in which the use is located.

14-708-05-E.

Temporary Certificates of Occupancy. Pending the issuance of a permanent certificate of occupancy, a temporary certificate of occupancy may be issued which will be valid for a period established by the Building Official, not to exceed six months, pending completion of any addition or during partial occupancy of the premises. After a temporary certificate of occupancy expires it will lapse and be of no further effect.

14-708-05-F.

Issuance of Certificates. A certificate of occupancy must either be issued, or written notice must be given to the applicant stating the reasons why a certificate cannot be issued. Action to issue or deny must be taken within ten days of the date that a complete application is filed.

14-708-05-G.

Unlawful to Occupy Without a Valid Occupancy Certificate. It is unlawful to occupy any building that does not have a valid occupancy certificate or temporary occupancy certificate.

The Community Development Director is authorized to make written interpretations of this development ordinance.

Requests for written interpretations of this development ordinance must be submitted to the Community Development Director.

Within ten working days of receipt of a written request for interpretation, the Community Development Director must:

14-709-03-A.

Review and evaluate the request for an interpretation with the purpose and intent of the development ordinance and consistency with the Comprehensive Plan and any other relevant documents;

14-709-03-B.

Consult with other staff, as necessary;

14-709-03-C.

Request additional information or documentation, as necessary; and

14-709-03-D.

Render a written interpretation.

Written notice of the decision must be provided to the applicant within five days of the decision and a copy must be filed in the official record of interpretations.

An official record of interpretations must be kept on file by the Community Development Director. The record of interpretations must be available for public inspection by the Community Development Director during normal business hours.

Appeals of the Community Development Director's written interpretation may be taken to the Board of Adjustment in accordance with procedures of Article 14-707. If the appeal results in a change of interpretation, the new interpretation must be filed in the official record of interpretations.