The city's Standards, Specifications or Design Criteria and related engineering rules and construction standards for public improvements in subdivisions and other developments (Public Works Standards) must be adopted by the city council, in accordance with the procedures of this article. The Water Services Department's engineering and construction specifications and standards must be adopted by the Director of Water Services, in accordance with the procedures of this article. These provisions do not apply to public improvements installed by a governmental entity.

88-590-02-A. Notice of required public input meetings and public hearings must be published in the newspaper at least 30 days before the date of the public input meeting or hearing. See 88-505-07.

88-590-02-B. Notice of required public input meetings and public hearings must be posted on the city's website and in prominent locations in offices of the public works department. Notices must be posted at least 30 days before the public input meeting or hearing.

88-590-02-C. Notice of required public input meetings and public hearings must be mailed (U.S. First Class) to interested parties who have registered to receive written notice on forms available in the department of public works. Notices must be mailed at least 30 days before the public input meeting or hearing.

The public works standards committee must hold at least one public meeting to receive public input on proposals to adopt or amend the city's Standards, Specifications or Design Criteria. Following the meeting, a public comment period of at least 30 days duration must be provided to receive additional public input. Following the close of the public comment period, the standards committee may act by simple majority vote to recommend that the proposed Standards, Specifications or Design Criteria be approved, approved with modifications, denied, or continued for further consideration.

88-590-04-A. After action by the public works standards committee, the city council or designated city council committee must convene a public hearing on the matter.

88-590-04-B. Following the public hearing, the city council or designated city council committee may act to approve the proposal, approve the proposal with modifications, or deny the proposal. The city council may also refer the matter back to the standards committee for further consideration, together with a written explanation of the reasons for doing so.

88-590-04-C. The city council and city council committees must act in accordance with the city Charter and applicable state law.

88-590-05-A. Notice of required public input meetings and public hearings must be published in the newspaper at least 30 day before the date of the public input meetings or hearing. See 88-505-07.

88-590-05-B. Notice of required public input meetings and public hearings must be posted on the city's website and in prominent locations in offices of the Water Services Department. Notices must be posted at least 30 days before the public input meeting or hearing.

88-590-05-C. Notice of required public input meetings and public hearings must be mailed (U.S. First Class) to interested parties who have registered to receive written notice on forms available in the Water Services Department. Notices must be mailed at least 30 days before the public input meeting or hearing.

The Water Services Department Standards Committee must hold at least one public meeting to receive public input on proposals to adopt or amend the department's standards. Following the meeting a public comment period of at least 30 days duration must be provided to receive additional public input. Following the close of the public comment period, the Water Services Department Standards Committee may act by simple majority vote to recommend that the proposed standards be approved, approved with modifications, denied, or continued for further consideration.

Within 30 days after the end of the public comment period for the Water Services Department Standards Committee proposals, the director of water services may act to approve the proposal, approve the proposal with modifications, or deny the proposal. The director may also refer the matter back to the Water Services Department Standards Committee for further consideration, together with a written explanation of the reasons for doing so.

The regulations, standards, specifications, and policies contained in the Code of Ordinances, or as implemented by the departments within the city through regulations, standards, specifications, or policies in effect at the time of the approval, or as otherwise stated in the controlling ordinance or written approval of any development plan, project plan, site plan, or preliminary plat shall govern all aspects of these approved plans or implementation thereof. No subsequent changes in regulations, standards, specifications, and policies shall be applied to approved plans, unless reapproval is required per 88-516-07, or to preliminary plats, unless lapsed per 88-545-09.

(Ord. No. 180571, § A, 9-27-2018)

Applications required under this zoning and development code must be submitted in a form and in such numbers as required by the official responsible for accepting the application. Officials responsible for accepting applications must develop checklists of application submittal requirements and make those checklists available to the public. Application forms and checklists of required submittal information are available in the office of the official responsible for accepting the application.

Preapplication consultations are required whenever the provisions of this zoning and development code expressly state that they are required. They are encouraged in all cases. Required preapplication consultations must be scheduled with city planning and development department staff and must occur at least 48 hours before submitting an application. The city planning and development director is authorized to waive the requirement for preapplication consultations in those cases where the city planning and development director determines that a preapplication consultation is unwarranted in light of the routine nature of the application or the applicant's or agent's experience with the substantive and procedural provisions of this zoning and development code.

Officials responsible for accepting applications may, after consulting with review and decision-making bodies, promulgate processing cycles for applications. Processing cycles may establish:

88-505-03-A. deadlines for receipt of complete applications;

88-505-03-B. dates of regular meetings;

88-505-03-C. the scheduling of staff reviews and staff reports on complete applications; and

88-505-03-D. time-frames for review and decision-making.

Applications must be accompanied by the fee amount that has been established by the city council. Fees are not required with applications initiated by the city council, city plan commission, or city planning and development director. Application fees are nonrefundable 5 working days after application filing, provided that the city planning and development director may grant a partial refund for good cause shown by the applicant.

88-505-05-A. 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.

88-505-05-B. The official responsible for accepting the application must make a determination of application completeness within 5 working days of application filing.

88-505-05-C. If an application is determined to be incomplete, the official responsible for accepting the application must provide paper or electronic written notice to the applicant along with an explanation of all known deficiencies in the application that will prevent competent review of the application.

88-505-05-D. Incomplete applications will be pulled from the processing cycle, and no further processing will occur. 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.

88-505-05-E. 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 applicable review and approval procedures of this zoning and development code.

88-505-05-F. The city planning and development director may require that applications or plans be revised before being placed on the agenda of the city plan commission, board of zoning adjustment or city council if the city planning and development director determines that:

1.

the application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with zoning and development code standards; or

2.

the application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with zoning and development code standards.

88-505-06-A. Parties in interest, registered neighborhood/civic organizations per 88-505-11, certified civic organizations and citizens must be given an opportunity to appear and be heard at required public hearings, subject to reasonable rules of procedure.

88-505-06-B. A public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuance is set for specified date and time and that date and time is announced at the time of the continuance.

88-505-06-C. If a public hearing is tabled or deferred for an indefinite period of time or postponed more than 3 months from the date of the originally scheduled public hearing, new public notice must be given before the rescheduled public hearing. If the applicant requests a postponement, the applicant is responsible for paying any costs of re-notification.

88-505-06-D. Prior to the city plan commission hearing, an applicant must make a reasonable effort to contact and meet with, if requested, the applicable neighborhood and/or civic organizations registered with the city. Failure to do so may be cause for continuance by the city plan commission.

88-505-06-E. If a case is continued by the city plan commission, a continuance fee may be assessed. Generally, if the applicant requests a continuance after the staff report has been prepared, a continuance fee will be due. The fee shall be waived if a continuance is necessary due to no fault of the applicant.

(Ord. No. 160341, § 1, 5-12-2016)

88-505-07-A. REQUIRED NEWSPAPER NOTICE

Whenever the provisions of this zoning and development code require that newspaper notice be provided, the notice must be published by the city at least 15 days before the date of the hearing in a newspaper of general circulation within Kansas City or as otherwise required by law.

88-505-07-B. REQUIRED MAILED NOTICE

Required mailed notices must be sent by U.S. mail, first class at least 13 days before the date of the hearing to the subject property owner, any registered neighborhood organization, and/or registered civic organization whose boundaries include the subject property, and all owners of property within 300 feet of the subject property. Addresses must be based on the latest available, city-maintained property ownership information. For all hearings before the board of zoning adjustment or city plan commission, the city planning and development director must certify by affidavit that the mailing has occurred. The affidavit will become part of the record as proof of such mailing.

88-505-07-C. COURTESY NOTICES

In addition to any required public hearing notices, the city may elect to provide additional courtesy notification, which may include Internet postings and information signs posted on the subject property.

88-505-07-D. CONTENT OF NOTICE

All required public hearing notices should: (1) indicate the date, time and place of the public hearing or date of action that is the subject of the notice (or other information sufficient for those interested to determine the date, time and place); (2) describe any property involved in the application by street address or by general description; (3) describe the general nature, scope and purpose of the application or proposal; (4) indicate where additional information on the matter can be obtained; and (5) provide contact or other information sufficient for those interested to determine when the council will hold its hearing on the rezoning.

(Ord. No. 120939, § 1, 12-20-2012; Ord. No. 150600, § A, 7-23-2015)

In all cases, the burden is on the applicant to show that an application complies with applicable review or approval criteria.

88-505-09-A. Review and decision-making bodies may take any action that is consistent with:

1.

the regulations of this zoning and development code;

2.

any by-laws that may apply to the review or decision-making body; and

3.

the notice that was given.

88-505-09-B. Review and decision-making bodies are expressly authorized to defer action or continue a public hearing in order to receive additional information or further deliberate on the matter.

When review bodies recommend or decision-making bodies approve applications with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development.

88-505-11-A. ELIGIBILITY

1.

NEIGHBORHOOD ORGANIZATION ELIGIBILITY STANDARDS

To be eligible to be registered as provided in this article, neighborhood organizations must meet the following standards:

(a)

be an organization comprised of residents and owners of real property within a defined geographic area;

(b)

establish membership by virtue of residency or occupancy partially or wholly within their boundaries;

(c)

maintain officers and/or representatives, and demonstrate the method by which such officers and/or representatives are selected;

(d)

hold meetings, not less than once in each calendar year, at which all members may vote;

(e)

keep all meetings, including the required annual meeting, must be open to the public;

(f)

post in advance notice of all meetings in public places and/or in readily obtained publications, such as newsletters, within their boundaries; and

(g)

establish boundaries, which may include one or more neighborhoods within the city, provided that the boundaries of a neighborhood organization may not encompass the entire city.

2.

CIVIC ORGANIZATION ELIGIBILITY STANDARD

Civic organizations with dues-paying members are eligible to be registered.

88-505-11-B. REGISTRATION AND PROCESSING

1.

FILING

Any organization and/or coalition of organizations must be registered by completing a form as provided by the Neighborhood and Community Services Department.

2.

MAINTENANCE OF REGISTRY

The neighborhood and community services department has the following duties in connection with all registered organizations:

(a)

develop a registration form and maintain completed forms;

(b)

maintain a current map of the boundaries and a current list of the official names, boundaries, officers and contact persons of all registered organizations;

(c)

maintain and update in a timely manner the map and list of registered neighborhood and civic organizations on the city's official website; and

(d)

notify all registered neighborhood and civic organizations each December of their obligation to re-register by January 31st, that the list of registered organizations is available on the city's website and that a paper copy of the list will be furnished upon request.

88-505-11-C. DE-LISTING AND RE-LISTING

Any registered organization that does not meet or ceases to meet the eligibility criteria of 88-505-11 or that does not register or register, as required, will no longer be considered a registered organization. Upon demonstrating that it has corrected the deficiency that caused its de-listing, an organization may be re-listed as a registered organization.

88-505-12-A. PURPOSE.

The public engagement process described in this section provides a framework for the notification and meeting process for applicants and registered neighborhood/civic organizations and nearby properly owners to provide an opportunity for applicants to provide information and answer questions and hear any concerns about a land use development proposal which may impact the adjacent area.

88-505-12-B. APPLICABILITY.

The public engagement process described in this section is required in conjunction with the following application types and major amendments to said application types:

1.

88-515 Zoning Map Amendments, including:

a.

88-260 Urban Redevelopment Districts;

b.

88-520 Master Planned Developments;

2.

88-517 Development Plan Approvals;

3.

88-260 UR Preliminary Development Plans and 88-520 MPD Preliminary Development Plans;

4.

88-525 Special Use Permits;

5.

88-545 Preliminary Plats which propose waivers or modifications pursuant to 88-405-25.

6.

88-535 Minor Subdivisions which propose waivers or modifications pursuant to 88-405-25.

88-505-12-C. PUBLIC ENGAGEMENT PROCESS

1.

If a subject property is located within the boundaries of only one registered neighborhood organization or civic organization, the applicant shall send notice of application to that registered neighborhood organization or civic organization prior to facilitating the required public meeting.

The notice must be sent not later than seven calendar days after filing any application referenced in 88-505-12B by non-signature certified mail and email (if available) to the contact of record on the City's website of registered neighborhood and civic organizations. Notification shall occur on the form provided by the city planning and development director. The notice shall describe the application and provide the recipient with the option to host a meeting on the application. A copy of the notice shall be provided to the city planning and development department. The registered neighborhood and/or civic organization shall respond to the applicant and city staff in writing, via email within 10 calendar days of the postmark date of the notice or date of electronic transmission to confirm which party will host a public meeting, as well as the date, time and location of the meeting.

2.

If a subject property is located within the boundaries of more than one registered neighborhood organization or civic organization, or is not located within the boundaries of any registered neighborhood and/or civic organization, the applicant shall hold a meeting in accordance with the criteria in 88-505-12-C-3.

3.

Required Public Meeting

a.

At least one public meeting shall be required for all application types listed in 88-505-12-B and must meet the following criteria:

i.

Be held at least seven calendar days prior to the first scheduled public hearing;

ii.

Be open to the public and, if held in-person, hosted in an accessible building as defined by the Americans with Disabilities Act;

iii.

If held in person, not be located in the applicant's office or any place of business affiliated with the applicant;

iv.

If held in person, not be located in a residential unit;

v.

Be held at a time outside of normal business hours (normal business hours are defined as 9:00 a.m. to 5:00 p.m., Monday through Friday), unless otherwise agreed to by the applicant and the registered neighborhood and/or civic organizations; and

vi.

If held in-person, be located within three miles of the subject property unless there is no public building with accessible space located within three miles of the subject property, and agreed to by the registered neighborhood and/or civic organizations.

Although additional meetings may be held, the applicant is not required to follow the criteria set out above.

b.

Required Public Meeting Notice

Notice of the required public meeting shall be sent via regular mail, in the form provided by the city planning and development director, to all property owners within 300 feet of the subject property and to each contact of record for the registered neighborhood and/or civic organizations whose boundaries include the subject property. Said notice shall be postmarked a minimum of ten calendar days prior to the required public meeting date. A copy of said notice shall also be provided to the city planning and development department by the same date or the case will be removed from the docket by staff.

c.

Meeting Information Required

The applicant shall provide to the city planning and development department documentation of the required public meeting including date, time, location, internet link and/or dial-in information if the meeting will be held virtually, and a copy of the attendance sheet, in the form provided by the city planning and development director. Said documentation shall be provided to the city planning and development department at least six calendar days prior to the first scheduled public hearing.

A summary may be provided to city planning and development staff by the applicant or any attendee; it must be received at least six calendar days prior to the first scheduled public hearing. Anyone wishing to submit written testimony to the board of zoning adjustment is advised to comply with the rules and regulations of the board of zoning adjustment, and the admission of any such testimony is subject to the discretion of the board of zoning adjustment.

88-505-12-D. FAILURE TO COMPLY

Failure to comply with anything required in this section may be cause for continuance by the city plan commission.

88-505-12-E. MEETING FORMAT

Meetings may be held virtually, in-person, or in a hybrid format. Nothing in this ordinance shall be construed as requiring one or the other; however, when a registered neighborhood or civic organization is present and expresses preference for a particular format within the time frame allotted them in 88-505-12-C-1 the applicant is strongly encouraged to comply with the request.

(Ord. No. 190502, § A, 6-27-2019; Ord. No. 220398, § 1, 5-19-2022; Ord. No. 220997, § 3, 1-5-2023)

Editor's note— Ord. No. 190502, § B, sets the effective date for the provisions of 88-505-12 as October 1, 2019.

The city planning and development director is authorized to establish a regular and systematic cycle for processing amendments to the text of this zoning and development code. This text amendment cycle is intended to allow for the efficient and timely processing of technical, interpretative and "clean-up" amendments and should occur at least once per year and no more often than 4 times per year. This provision is not intended to prohibit the city plan commission or city council from considering text amendments outside the regular amendment cycle.

Amendments to the text of this zoning and development code may be filed only by the city council, the city plan commission or the city planning and development director.

Notice of the city plan commission public hearing on zoning and development code text amendments must be published in the newspaper at least 15 days before the date of the hearing. See 88-505-07. The notice shall provide contact or other information sufficient for those interested to determine when the council will hold its hearing on the amendment.

(Ord. No. 120939, § 1, 12-20-2012)

The city planning and development director must prepare a report that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this zoning and development code and the review criteria of 88-510-07.

The city plan commission must hold a public hearing on each proposed text amendment. Following the close of the hearing, the city plan commission must act by simple majority vote to recommend that the proposed text amendment be approved, approved with modifications, denied, or continued for further consideration.

88-510-06-A. After action by the city plan commission, the city council or designated city council committee may convene its own public hearing on the proposed text amendment. If no recommendation is received from the city plan commission within 120 days of the date of published notice on the text amendment, the city council is authorized to proceed without a recommendation from the city plan commission.

88-510-06-B. Following the public hearing, the city council or designated city council committee may act to approve the proposed text amendment, approve the proposed text amendment with modifications, or deny the proposed text amendment. The city council may also return the application to the city plan commission for further consideration, together with a written explanation of the reasons for doing so.

88-510-06-C. The city council and city council committees must act in accordance with the city charter and applicable state law.

In reviewing and making decisions on zoning and development code text amendments, the city planning and development director, city plan commission and city council must consider at least the following factors:

88-510-07-A. whether the proposed zoning and development code text amendment corrects an error or inconsistency in the zoning and development code or meets the challenge of a changing condition;

88-510-07-B. whether the proposed zoning and development code text amendment is consistent with adopted plans and the stated purpose of this zoning and development code; and

88-510-07-C. whether the proposed zoning and development code text amendment is in the best interests of the city as a whole.

(Ord. No. 120783, § 1, 10-4-2012)

88-515-01-A. Applications to amend the zoning map may be filed only by:

1.

the subject landowner;

2.

the subject landowner's authorized agent;

3.

the city council;

4.

the city plan commission; or

5.

the city planning and development director, acting on the city's behalf.

88-515-01-B. Applications for rezoning to the UR district may be filed only by:

1.

any governmental agency or corporation having the power of eminent domain; or

2.

an owner of assembled properties or successors in interest; or

3.

designated developers or an applicant for designation as a developer under RSMo 99.800; or

4.

a redevelopment corporation under RSMo 353.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 151050, § 1, 2-25-2016)

A preapplication consultation is required in accordance with 88-505-02 prior to the filing of a zoning map amendment application.

(Ord. No. 220398, § 1, 5-19-2022)

Complete applications for zoning map amendments must be filed with appropriate personnel in the city planning and development department.

88-515-04-A. REQUIRED NEWSPAPER NOTICE

Notice of the city plan commission public hearing on a zoning map amendment must be published in the newspaper at least 15 days before the date of the hearing. See 88-505-07. The notice shall provide contact or other information sufficient for those interested to determine when the council will hold its hearing on the rezoning.

88-515-04-B. REQUIRED MAILED NOTICE

Notice of the city plan commission public hearing must be mailed at least 13 days before the date of the hearing to the subject property owner, any registered neighborhood organization and/or registered civic organization whose boundaries include the subject property, and all owners of property within 300 feet of the subject property. See 88-505-07. The mailed notice shall provide contact or other information sufficient for those interested to determine when the city council will hold its hearing on the rezoning.

88-515-04-C. POSTED NOTICE

Applicants are responsible for providing additional notice to interested parties by posting a sign on the subject property visible from each abutting public right-of-way. Signs must be posted by the applicant at least 15 days before the public hearing. This provision may be waived by the city plan commission if the commission determines that adequate notice was given of the proposal.

(Ord. No. 120939, § 1, 12-20-2012)

The city planning and development director must prepare a report and recommendation that evaluates the proposed zoning map amendment in light of adopted plans and the review criteria of 88-515-08.

The city plan commission must hold a public hearing on the proposed zoning map amendment. Following the close of the hearing, the city plan commission must act by simple majority vote to recommend that the proposed zoning map amendment be approved, approved with modifications, or denied. The city plan commission may also act to continue the matter for further deliberation. If the city plan commission does not act on a zoning map amendment within 60 days of the date of the public hearing, the proposed amendment must be forwarded to the city council with no recommendation.

88-515-07-A. After action by the city plan commission, the city council may convene its own public hearing on the proposed zoning map amendment.

88-515-07-B. Following the close of the public hearing, the city council may act to approve the proposed zoning map amendment, approve the proposed zoning map amendment with modifications, or deny the proposed zoning map amendment. The city council may also return the application to the city plan commission for further consideration, together with a written explanation of the reasons for doing so.

88-515-07-C. The city council may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with 88-515-09, approval or approval with modifications requires a 2/3 majority vote of the full membership of the city council.

In reviewing and making decisions on proposed zoning map amendments, the city planning and development director, city plan commission and city council must consider at least the following factors:

88-515-08-A. conformance with adopted plans and planning policies;

88-515-08-B. zoning and use of nearby property;

88-515-08-C. physical character of the area in which the subject property is located;

88-515-08-D. whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested zoning map amendment;

88-515-08-E. suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations;

88-515-08-F. length of time the subject property has remained vacant as zoned;

88-515-08-G. the extent to which approving the rezoning will detrimentally affect nearby properties; and

88-515-08-H. 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.

88-515-09-A. A formal protest petition opposing a zoning map amendment must be submitted to the city planning and development director before the city council's vote, allowing sufficient time to determine the validity of the petition.

88-515-09-B. A protest petition will be considered "valid" if it is notarized and signed by the owners of 30% or more of:

1.

the land area included in the proposed amendment; or

2.

the total real property within 185 feet of the property that is the subject of the zoning map amendment request.

88-515-09-C. In the case of joint ownership, all property owners must sign the petition.

88-515-09-D. When a valid protest petition has been submitted, approval of a zoning map amendment requires a 2/3 majority vote of the full membership of the city council.

If the city council denies an application for a zoning map amendment, an application for the same zoning district may not be re-filed for one year from the date of action by the city council. The city plan commission, upon petition by the applicant, may permit a re-filing of the application 6 months after the original city council public hearing date when it determines that significant physical, economic or land use changes have taken place on the subject tract or within the immediate vicinity, or a significant zoning and development code text amendment has been adopted.

General plan submittal and review provisions apply to submittal of development plans per 88-517, project plans per 88-518, and site plans per 88-530. Plan review and approval is intended to ensure compliance with the standards of this zoning and development code, minimize land use conflicts, and encourage the compatible arrangement of buildings, off-street parking, lighting, landscaping, stormwater facilities, vehicle and pedestrian access routes, and other site features in a manner that will promote public safety and general welfare.

(Ord. No. 151050, § 1, 2-25-2016)

Plan review applications may be filed only by the subject landowner or the subject landowner's authorized agent.

(Ord. No. 151050, § 1, 2-25-2016)

Complete applications for plan review must be filed with appropriate personnel in the city planning and development department.

(Ord. No. 151050, § 1, 2-25-2016)

Project plans or development plans and preliminary subdivision plats may be combined in a single plan and processed concurrently if all information required for both types of submittals is provided as part of the combined application.

(Ord. No. 151050, § 1, 2-25-2016)

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

88-516-05-A. The plan must comply with all standards of this zoning and development code and all other applicable city ordinances and policies, (Note: this provision is not intended to prohibit an applicant from seeking a variance or other form of relief authorized under this zoning and development code or other applicable ordinances, when authorized.)

88-516-05-B. The proposed use must be allowed in the district in which it is located.

88-516-05-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.

88-516-05-D. The plan must provide for safe, efficient, and convenient non-motorized travel opportunities, being pedestrian and bicycle movement, on the subject site.

88-516-05-E. The plan must provide for adequate utilities based on City standards for the particular development proposed.

88-516-05-F. The location, orientation, and architectural features, including design and material, of buildings and other structures on the site must be designed to be compatible with adjacent properties.

88-516-05-G. Landscaping, berms, fences and/or walls must be provided to buffer the site from undesirable views, noises, lighting or other off-site negative influences and to buffer adjacent properties from negative influences that may be created by the plan.

88-516-05-H. The design of streets, drives, and parking areas within the project should result in a minimum of area devoted to asphalt or other impervious surfaces consistent with the needs of the project and city code requirements.

88-516-05-I. The plan must identify trees to be removed and trees to be preserved during the development of the subject property with the goal of saving trees that are not required to be removed for the development of the property.

(Ord. No. 151050, § 1, 2-25-2016)

88-516-06-A. MAJOR AMENDMENTS

1.

Major amendments to approved development plans or project plans must be reviewed and approved in accordance with the development plan or project plan review procedures of this ordinance. Major amendments to development plans or project plans include one or more changes, in cumulative total (when compared to the original plan approval), that would:

a.

increase building coverage by more than 10%;

b.

increase the total floor area by more than 10% or 5,000 square feet, whichever is less;

c.

increase building height by more than 10% or 6 feet, whichever is less;

d.

increase the total impervious surface coverage by more than 10% or 2,000 square feet, whichever is less;

e.

result in extensive site modification involving location of buildings, razing, and reconstruction of approved uses;

f.

increase the number of dwelling units by more than 10%; or

g.

result in any other change that the city planning and development director determines will have impacts that warrant full review of the application in accordance with the development plan review procedures.

88-516-06-B. MINOR AMENDMENTS

Any application for an amendment to an approved development plan or project plan that does not meet the criteria for a major amendment will be considered a minor amendment. Minor amendments may be approved by the city planning and development director in accordance with the administrative adjustment procedures of 88-570 (see specifically 88-570-02-H). A minor amendment may include a change in an approved phasing plan.

(Ord. No. 151050, § 1, 2-25-2016; Ord. No. 241093, § 1, 1-9-2025; Ord. No. 250327, § 3, 5-1-2025)

88-516-07-A. If more than 4 years have lapsed since the effective date of approval of a development plan or a project plan, reapproval will be required prior to any development unless:

1.

building permits have been issued and not revoked and construction diligently pursued for the development or respective development or project plans;

2.

certificates of occupancy have been issued for the development or respective development or project plans;

3.

the use is established;

4.

the city plan commission extends this period by no more than one year; or

5.

a phasing plan is expressly approved as part of the development plan or project plan approval and the development is in compliance with that phasing plan.

(Ord. No. 151050, § 1, 2-25-2016)

88-516-08-A. City council approval of a development plan per 88-517 shall be indicated on the zoning map by the letter "p" following the district classification.

88-516-08-B. Building permit application constitutes site plan (88-530) review and approval and is subject to the site plan review procedure of 88-530.

(Ord. No. 151050, § 1, 2-25-2016; Ord. No. 220454, § 1, 8-11-2022)

Development plan review is a procedure that allows for city council review of plans proposing significant development, to determine whether such plans further the purposes of this zoning and development code.

(Ord. No. 151050, § 1, 2-25-2016)

Development plan review and approval is required subject to provisions of 88-516 and is further required in conjunction with development of property for the following:

88-517-02-A. Development plan review and approval is required for any residential development containing 50 dwelling units or more.

88-517-02-B. Development plan review and approval is required in B, D, KCIA, and O zoning districts for any building with a gross floor area of 40,000 square feet or more.

88-517-02-C. Development plan review and approval is required in B, D, KCIA, and O zoning districts for any development with a site area of 10 acres or more.

88-517-02-D. Development plan review and approval is required for any industrial development on M-zoned land with a net site area of 5 acres or more if the lot on which the development is located is within 200 feet of any residential district. Otherwise, development plan review and approval is required only for industrial development on M-zoned land with a site area of 10 acres or more.

88-517-02-E. Development plan review and approval is required for development on D-zoned land that exceeds 180 feet in height or includes above-grade parking for more than 100 vehicles.

88-517-02-F. Development plan review and approval is required whenever multiple principal buildings are proposed to be located on a single lot.

88-517-02-G. Development plan review and approval is required for any development with a designated light rail zone or overlay district as may be established in accordance with procedures of 88-515.

(Ord. No. 151050, § 1, 2-25-2016; Ord. No. 170062, § A, 2-2-2017)

The development plan review procedures of this article do not apply to development of detached houses or any developments for which plans have been reviewed and approved pursuant to the urban redevelopment, master planned development, or other equivalent development plan procedures of this zoning and development code. This provision is intended to clarify that development plan review is not required for projects that have received equivalent review through the city's other plan review procedures.

(Ord. No. 151050, § 1, 2-25-2016; Ord. No. 220398, § 1, 5-19-2022)

Complete applications for development plan review must be filed with appropriate personnel in the planning and development department. A complete application will include the following information:

1.

Name of the development.

2.

Name, address, and phone number of person or firm that prepared the plan.

3.

Date plan prepared and any revision dates.

4.

Graphic and written scale of one inch equals 10-60 or 100 feet. A scale of one inch equals 200 feet may be used for applications consisting of over 200 acres.

5.

A legal description of the property.

6.

North arrow.

7.

A location map identifying boundaries of property in relation to major streets.

8.

Existing property lines identifying point of beginning and distances and bearings of property lines, consistent with the legal description.

9.

Identification and written dimensions of the width from centerline and total width of existing perimeter and interior streets, other rights-of-way, and all existing easements.

10.

Identification and written dimensions of the total width of pavement of existing streets.

11.

Existing medians within the public right-of-way shall be shown including turn lanes and all other pertinent information within the right-of-way to provide a complete understanding of existing conditions.

12.

Identification and written dimensions of additional street right-of-way to be dedicated and width of any proposed interior streets and easements (reference Major Street Plan).

13.

Location and written dimensions of the widths of existing or proposed private vehicular access into the property from perimeter streets and location of existing or approved accesses on properties adjacent or opposite the property, with off-set dimension from the centerlines of such streets and private access.

14.

Show existing conditions of surrounding property within 300 feet.

15.

Name of adjacent platted subdivision and identification of lot number and tracts.

16.

Location, identification, and dimension of proposed lots and tracts.

17.

Location of proposed buildings and structures and existing buildings and structures to remain, with written dimensions of setback from proposed street right-of-way and adjacent property lines, dimensions of building width and length, number of floors, gross floor area per floor, and total building area. Residential buildings shall identify, in addition, the number of dwelling units per floor and the total number of dwelling units.

18.

Identification of proposed or existing use or uses within each building, building entrances and exits, docks or other service entrances, outdoor storage and sales areas, and other paved areas.

19.

Location of proposed or existing parking spaces, aisles, and drives with written setback dimensions from proposed street rights-of-way and adjacent property lines; typical width and length of parking spaces; number of parking spaces per row; and width of parking aisles. (Parking & Loading - 88-420)

20.

Location and identification of boundaries and phase numbers of the development if proposed to be platted or developed in phases, showing the buildings, structures, access, and parking areas in each phase.

21.

Existing and proposed topography, with contours at an interval of not less than 5 feet and with approximate first floor elevations of buildings and top of wall and bottom of wall for all retaining walls proposed.

22.

Location and identification of any proposed and any existing site features to be retained, including detention areas, retaining walls, and other pertinent site features. Retaining walls should include materials and top and bottom of wall heights.

23.

A plan for landscaping & screening (88-425); outdoor lighting including fixture design. (88-430)

24.

Identification of all public and private existing and proposed sidewalks, trails and/or bicycle facilities. (see Trails KC and Bike KC plans)

25.

Building elevations, in color, with materials and architectural detailing.

26.

Signage plan. (88-445)

27.

Written information shall be provided in the following order on the plan and in tabular form for each phase and in total. The plan shall identify buildings, phases of development, and other graphic information by numbers or letters to allow easy reference to the following information:

a.

Existing zoning of property and any proposed zoning, including type of any planned district requested.

b.

Total land area in square feet or acre.

c.

Land area or acres for existing and proposed street right-of-way.

d.

Net land area or acres.

e.

Proposed use or uses of each building and structure.

f.

Height above grade of buildings and structures and number of floors of each building.

g.

Gross floor area per floor and total for each building. Residential buildings shall also include type of dwelling units, number of dwelling units per floor, and total number of dwelling units.

h.

Building coverage and floor area ratio.

i.

Residential development shall, in addition, identify gross and net density.

j.

Ratio of required number of parking spaces for each use and amount of required, proposed parking spaces.

k.

Ratio of required number of short term and long term bicycle parking spaces for each use and amount of required, proposed short term and long term bicycle parking spaces.

l.

Applications for amendments to development plans shall include a written description of the changes to the approved development plan, including any changes in use, phases, parking, signage, or site arrangement.

m.

Applications for amendments to development plans shall include a written description of the changes to the approved development plan, including any changes in use, phases, parking, signage, or site arrangement.

28.

Any other information necessary for a determination as to the suitability of the plan for the site, as requested by the Director of City Planning and Development.

The Director of City Planning and Development has the ability to waive any of the above listed plan requirements upon written request and for good cause shown.

(Ord. No. 151050, § 1, 2-25-2016)

A preapplication consultation is required in accordance with 88-505-02 before the filing of a development plan application.

(Ord. No. 151050, § 1, 2-25-2016)

88-517-06-A. REQUIRED NEWSPAPER NOTICE

Notice of the city plan commission public hearing on a development plan must be published in the newspaper at least 15 days before the date of the hearing. See 88-505-07. The newspaper notice shall provide contact or other information sufficient for those interested to determine when the city council will hold its hearing on the development plan.

88-517-06-B. REQUIRED MAILED NOTICE

Notice of the city plan commission public hearing must be mailed at least 13 days before the date of the hearing to the subject property owner, any registered neighborhood organization and/or registered civic organization whose boundaries include the subject property, and all owners of property within 300 feet of the subject property. See 88-505-07. The mailed notice shall provide contact or other information sufficient for those interested to determine when the city council will hold its hearing on the development plan.

88-517-06-C. POSTED NOTICE

Applicants are responsible for providing additional notice to interested parties by posting a sign on the subject property visible from each abutting public right-of-way. Signs must be posted by the applicant at least 15 days before the city plan commission hearing. This provision may be waived by the city plan commission if the commission determines that adequate notice was given of the proposal.

(Ord. No. 151050, § 1, 2-25-2016)

88-517-07-A. The development review committee must review each complete application for development plan approval and make its recommendation in a staff report to be provided to the city plan commission and the city council.

88-517-07-B. As a condition of approval of a development plan, project plan review and approval per 88-518 may be required to allow review of any information required by 88-517-04 not available during the development plan review and approval process.

88-517-07-C. The city plan commission will hold a public hearing on the application before making its recommendation, by motion, to the city council.

88-517-07-D. After the city plan commission's recommendation, the city council will hold a hearing on the application and make the final decision. The council may approve the application, approve the application with conditions, deny the application, continue the matter for further deliberation, or refer the application back to the city plan commission for its reconsideration.

(Ord. No. 151050, § 1, 2-25-2016)

No building permit shall be issued that is not in compliance with an approved development plan.

(Ord. No. 151050, § 1, 2-25-2016)

88-517-09-A. An approved development plan shall be considered to be a part of the zoning for the site, and the city council shall retain its legislative discretion with regard to this approval.

88-517-09-B. The city council may consider the proposed development plan's consistency with the purposes of this zoning and development code, as stated in 88-10-05, and with the plan criteria in 88-516, and may consider any other relevant factors during its consideration of the development plan.

88-517-09-C. The city council may approve a development plan that deviates from the lot and building standards contained in Sections 88-110-06, 88-120-04, 88-130-05 and 88-140-04 and the residential vehicular use area dimensions contained in Table 420-03 of Section 88-420-12 of this zoning and development code if the proposed use is consistent with the zoning of the property. Any deviations to lot and building standards or residential vehicular use area dimensions shall be specifically called out as deviations and described on the development plan and will not be considered to be approved unless so stated.

88-517-09-D. If a use that would have required special use approval is approved on a development plan, no separate special use review will be required.

88-517-09-E. The city council may act by a simple majority vote, except that when a valid protest petition has been submitted in accordance with 88-515-09 approval requires a 2/3 majority vote of the full membership of the city council.

88-517-09-F. The city council has final decision-making authority on development plan applications and major amendments thereto.

(Ord. No. 151050, § 1, 2-25-2016; Ord. No. 200313, § A, 10-1-2020)

Project plan review is a procedure that allows for City Plan Commission review and approval of plans that do not require development plan review and approval, or as specified below.

(Ord. No. 170806, § A, 10-12-2017)

Project plan review and approval is subject to provisions of 88-516 and is further required in conjunction with development of property for the following:

88-518-02-A. Project plan review and approval is required for any development containing more than 20 dwelling units, but less than the 50 residential units requiring development plan review and approval per 88-517.

88-518-02-B. Project plan review and approval is required in B, D, KCIA, and O zoning districts for any building with a gross floor area of 8,000 square feet or more, but less than the 40,000 square feet requiring development plan review and approval per 88-517.

88-518-02-C. Project plan review and approval is required in B, KCIA, and O zoning districts for any development with a site area of 5 acres or more, but less than the 10 acres requiring development plan review and approval per 88-517.

88-518-02-D. Project plan review and approval is required in D zoning districts for development of any vehicular use area and for any development not requiring development plan approval.

88-518-02-E. As a condition of approval of a development plan, project plan review and approval may be required to allow review of any information required by 88-517 not available during the development plan review and approval process.

(Ord. No. 170806, § A, 10-12-2017)

The project plan review procedures of this article do not apply to development of detached houses or to any developments for which plans have been reviewed and approved pursuant to the urban redevelopment, master planned development, or other equivalent development plan procedures of this zoning and development code. This provision is intended to clarify that project plan review is not required for projects that have received equivalent review through the city's other development plan review procedures. Existing approved development plans for planned districts (per the prior zoning ordinance) are also exempt. This exemption is not intended to exempt any development from the building permit process.

(Ord. No. 170806, § A, 10-12-2017; Ord. No. 220398, § 1, 5-19-2022)

Complete applications for project plan review must be filed with appropriate personnel in the planning and development department. A complete application will include the following information:

88-518-04-A. BASIC INFORMATION

1.

Name of the development.

2.

Name, address, phone number, and email address of person or firm that prepared the plan.

3.

Date plan prepared and any revision dates.

4.

Graphic and written scale (engineering scale required) of one inch equals 10-60 or 100 feet.

5.

A legal description of the property.

6.

North arrow.

7.

A location map identifying boundaries of property in relation to major streets.

88-518-04-B. DEVELOPMENT SUMMARY TABLE

The following shall be provided on the plan, in chart format:

1.

Existing zoning.

2.

Total land area in square feet and/or acres.

3.

Proposed use or uses of each building and structure.

4.

Height above grade of buildings and structures and number of stories of each building.

5.

Gross floor area per floor and total for each building.

6.

Residential buildings shall also include residential building type (88-110-04) and total number of dwelling units. Residential development shall identify gross and net density.

7.

Building coverage and floor area ratio.

8.

Ratio of required number of parking spaces for each use and amount of proposed parking spaces.

9.

Ratio of required number of short term and long term bicycle parking spaces for each use and amount of proposed short term and long term bicycle parking spaces.

88-518-04-C. PLAN DRAWING

The following information shall be depicted:

1.

Property lines and lot dimensions.

2.

Building(s) with dimensions and distance to property lines.

3.

Existing and proposed rights-of-way improvements (curb/gutter/sidewalk/driveways, etc.)

4.

Existing and proposed topography, with contours at an interval of at least 5 feet.

5.

Location and identification of any proposed and any existing site features to be retained, including detention areas, retaining walls, and other pertinent site features.

6.

Identification of proposed or existing use or uses within each building, building entrances and exits, docks or other service entrances, outdoor storage and sales areas, and other paved areas.

7

Parking and circulation (88-420 Parking and Loading):

a.

Location and dimensions of the widths of existing or proposed private vehicular access into the property from perimeter streets and location of existing or approved accesses on properties adjacent or opposite the property.

b.

Location of proposed or existing parking spaces, aisles, and drives with setback dimensions from proposed street rights-of-way and adjacent property lines; typical width and length of parking spaces; number of parking spaces per row; and width of parking and drive aisles.

c.

Identification of all public and private existing and proposed sidewalks, trails and / or bicycle facilities (reference Trails KC and Bike KC).

d.

A plan showing compliance with Pedestrian Standards (88-450).

8.

Landscaping and screening plan, sealed and certified as required, and schedule. (88-425 Landscaping and Screening).

9.

Elevation drawings, in color, portraying all architectural detail, including any windows, entrances, canopies, awnings, and porte-cochere. Materials shall be labeled.

88-518-04-D. ADDITIONAL REQUIREMENTS

1.

Plan portraying compliance with 88-430 Outdoor Lighting.

2.

Plan portraying compliance with 88-445 Signs.

3.

Any other information necessary for a determination as to the suitability of the plan for the site.

The Director of City Planning and Development may waive any of the above listed plan requirements upon written request and for good cause shown.

(Ord. No. 170806, § A, 10-12-2017)

88-518-05-A. The city plan commission must review each complete application for project plan approval and take one of the following actions:

1.

approve the application;

2.

identify those revisions or modifications that would allow approval of the application;

3.

approve the application with conditions;

4.

disapprove the application; or

5.

forward the application to the board of zoning adjustment for review and action.

(Ord. No. 170806, § A, 10-12-2017)

88-518-06-A. Appeals of the city plan commission's decision on a project plan application may be taken to the board of zoning adjustment by filing a notice of appeal with the city planning and development director. Appeals must be filed within 15 calendar days of the date of the city plan commission's decision.

(Ord. No. 170806, § A, 10-12-2017)

No building permit shall be issued that is not in compliance with an approved project plan.

(Ord. No. 170806, § A, 10-12-2017)

Master planned development (MPD) zoning districts are established through the approval of a zoning map amendment in accordance with 88-515. MPD zoning map amendments must be accompanied by a preliminary development plan. Submission of a final development plan for review and approval by the City Plan Commission is required after approval of the zoning map amendment and preliminary development plan. This article sets forth the required review and approval procedures for MPD preliminary and final development plans.

(Ord. No. 150313, § A, 4-30-2015)

Approval of MPD preliminary and final development plans must occur before any building permit is issued and before any development takes place in a MPD district. Permits may be issued for a development phase if a preliminary development plan has been approved for the entire MPD and a final development plan has been approved for the subject phase. Signage may be approved either through the MPD development plan or concurrently through a Council Approved Signage Plan.

(Ord. No. 120783, § 1, 10-4-2012)

At the option of the applicant, the preliminary development plan may serve also as the preliminary subdivision plat if such intention is declared before the city plan commission's hearing and if the plans include all information required for preliminary plats and preliminary development plans.

88-520-03-A. PREAPPLICATION CONSULTATION

A preapplication consultation is required prior to the filing of an MPD preliminary development plan application, in accordance with 88-505-02.

88-520-03-B. APPLICATION FILING

An application to establish the MPD district must be accompanied by a preliminary development plan that includes information as required by the city planning and development department staff. The application must be filed with appropriate personnel in the city planning and development department.

88-520-03-C. PLAN AMENDMENT

Requests to amend an approved plan must be processed as a zoning map amendment in accordance with 88-515, except that the city planning and development director is authorized to approve minor amendments to a preliminary development plan in accordance with the administrative adjustment procedures of 88-570 (see specifically 88-570-02-H).

88-520-03-D. REVIEW AND REPORT—DEVELOPMENT REVIEW COMMITTEE

The development review committee must review the proposed preliminary development plan in light of the MPD district provisions of 88-280 and the review criteria of 88-520-03-F. The city planning and development director must prepare a report and recommendation for the city plan commission based on the development review committee's review.

88-520-03-E. HEARING AND RECOMMENDATION—CITY PLAN COMMISSION

The city plan commission must hold a public hearing on the proposed MPD zoning map amendment and the preliminary development plan. Following the close of the hearing, the city plan commission must act by simple majority vote to recommend that the proposed MPD zoning map amendment and preliminary development plan be approved, approved with modifications, or denied. If the city plan commission does not act on a proposed MPD zoning map amendment and preliminary development plan within 60 days of the date of the public hearing, the proposed amendment must be forwarded to the city council with no recommendation.

88-520-03-F. HEARING AND FINAL ACTION—CITY COUNCIL

1.

After action by the city plan commission, the city council may convene its own public hearing on the proposed MPD zoning map amendment and preliminary development plan.

2.

Following the close of the public hearing, the city council may act to approve the proposed MPD zoning map amendment and preliminary development plan, approve the proposed MPD zoning map amendment and preliminary development plan with modifications, or deny the proposed MPD zoning map amendment and preliminary development plan. The city council may also return the application to the city plan commission for further consideration, together with a written explanation of the reasons for doing so.

3.

The city council may act by a simple majority vote, except that when a valid protest petition has been submitted in accordance with 88-515-09 approval or approval with modifications requires a 2/3 majority vote of the full membership of the city council.

88-520-03-G. REVIEW CRITERIA

In reviewing and making decisions on proposed MPD rezonings and preliminary development plans, review and decision-making bodies must consider at least the following factors:

1.

the preliminary development plan's consistency with any adopted land use plans for the area;

2.

the preliminary development plan's consistency with the MPD district provisions of 88-280; and

3.

the sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the MPD in the case of a plan that proposes development over a long period of time.

88-520-03-H. LAPSE OF APPROVAL

If the landowner fails to file an application or applications for final development plan approval within 4 years of the date of preliminary development plan approval, the approval will be deemed to have lapsed and the preliminary development plan will lapse and be of no further effect. The plan will not be deemed lapsed, however, if a phasing plan was approved with the development plan and if development is in compliance with that phasing plan. For projects to be developed in phases, phase limits must be shown on the preliminary development plan. Decision-making bodies may impose conditions upon the phasing plan as deemed necessary to ensure the orderly development of the subdivision, including requirements for financial guarantees ensuring construction of all required improvements. Upon recommendation by the City Plan Commission, the City Council shall have authority to adjust the commencement and completion dates through passage of an ordinance.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 150313, § A, 4-30-2015; Ord. No. 151013, § A, 12-10-2015; Ord. No. 190461, § 1, 7-11-2019; Ord. No. 250327, § 4, 5-1-2025)

88-520-04-A. APPLICATION FILING

Final development plan applications must be filed with the city planning and development department for review and approval of the City Plan Commission, after approval of and before the lapse of a preliminary development plan.

88-520-04-B. CONSISTENCY WITH PRELIMINARY DEVELOPMENT PLAN; MAJOR CHANGES

A final development plan will not be considered complete and ready for processing if all approved conditions of approval have not been met or if the final development plan constitutes a major change from the approved preliminary development plan. A final development plan will be considered a major change from (and therefore inconsistent with) the approved preliminary development plan if it:

1.

increases the proposed gross residential density by more than 2% or involves a reduction of 2% or more in the area set aside for open space, recreation area or other similar non-development area, or the substantial relocation of such areas;

2.

increases by more than 10% the total floor area proposed for nonresidential uses;

3.

increases by more than 5% the total ground area covered by buildings;

4.

increases the height of buildings by more than 5 feet for areas within 100 feet of the outer boundaries of the MPD or by more than 15 feet in other areas; or

5.

represents a material change to the preliminary development plan that creates a substantial adverse impact on surrounding property owners.

88-520-04-C. PROCESSING OF MAJOR CHANGES

If a final development plan is submitted that constitutes a major change to an approved preliminary development plan, no further processing of the final development plan may occur. The city planning and development director must notify the landowner that major changes may be made only after rehearing and re-approval of the preliminary development plan.

88-520-04-D. REVIEW AND ACTION BY THE CITY PLAN COMMISSION; APPEALS.

1.

The city plan commission must review and take action on the final development plan. The city plan commission may approve the final development plan if it complies with the approved preliminary development plan, all conditions of the preliminary development plan approval and all applicable standards of this zoning and development code. If the submitted final development plan does not comply with the approved preliminary development plan, any conditions imposed on that plan or any applicable standards of this development code, the city plan commission may disapprove the final development plan.

2.

In the event that the city plan commission does not approve the final development plan, the landowner may either: (1) resubmit the final development plan to correct the plan's inconsistencies and deficiencies, or, (2) within 60 days of the date of notice of disapproval, appeal the decision of the city plan commission to the city council. In the event such an appeal is filed, a public hearing before the city council must be scheduled with such notice as is required for the MPD rezoning and preliminary development plan approval.

88-520-04-E. LAPSE OF APPROVAL

In the event the landowner fails to commence development shown on the final development plan within 2 years after final approval has been granted, then such final approval will lapse and be of no further effect unless the time period is extended by the city plan commission upon written application by the landowner. In the event of lapse of approval, approved MPD plans have no further effect and the regulations of the R-80 zoning district will govern those portion of the MPD for which plans have lapsed.

(Ord. No. 150313, § A, 4-30-2015)

Special uses (uses that require special use permit approval prior to being allowed) are uses that, because of their widely varying land use and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns. Case-by-case review is intended to ensure consideration of the special use's anticipated land use, site design, signage, and operational impacts. Special uses may or may not be approved after due consideration of the impact of such uses on the surrounding area and the public need for the use at the subject location.

(Ord. No. 120783, § 1, 10-4-2012)

Special use permit applications may be filed only by the subject landowner or the subject landowner's authorized agent.

A preapplication consultation is required in accordance with 88-505-02 prior to the filing of a special use permit application.

Complete applications for special use permits must be filed with appropriate personnel in the city planning and development department. An application for a special use permit must be accompanied by a development plan including information as required by city planning and development department staff.

88-525-05-A. REQUIRED NEWSPAPER NOTICE

Notice of the city plan commission hearing on a special use permit must be published in the newspaper at least 15 days before the date of the hearing. See 88-505-07. The newspaper notice shall provide contact or other information sufficient for those interested to determine when the board of zoning adjustment will hold its hearing on the special use permit.

88-525-05-B. REQUIRED MAILED NOTICE

Notice of the city plan commission hearing must be mailed to the subject property owner, any registered neighborhood organization and/or registered civic organization whose boundaries include the subject property, and all owners of property within 300 feet of the subject property. See 88-505-07. The mailed notice shall provide contact or other information sufficient for those interested to determine when the board of zoning adjustment will hold its hearing on the special use permit.

(Ord. No. 120939, § 1, 12-20-2012)

The city planning and development director must prepare a report and recommendation that evaluates the proposed special use permit in light of the approval criteria of 88-525-09.

The city plan commission must review all special use applications and prepare a recommendation for consideration by the board of zoning adjustment. The city plan commission's recommendation may be to approve, approve with conditions, or deny the application. The recommendation must be based on the approval criteria of 88-525-09.

The board of zoning adjustment must hold a hearing on the proposed special use permit. Following the close of the hearing, the board of zoning adjustment must vote to approve, approve with modifications, or deny the special use permit. The concurring vote of four members of the board shall be necessary to approve a special use permit.

(Ord. No. 120939, § 1, 12-20-2012)

No special use application may be approved unless the board of zoning adjustment finds that the proposed use in its proposed location:

88-525-09-A. complies with all applicable standards of this zoning and development code;

88-525-09-B. is in the interest of the public convenience and will not have a significant adverse impact on the general welfare of the neighborhood or community;

88-525-09-C. is compatible with the character of the surrounding area in terms of site planning and building scale and project design;

88-525-09-D. is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and

88-525-09-E. will not have a significant adverse impact on pedestrian safety or comfort.

Within 10 days after a final decision is made by the board of zoning adjustment on a special use application, copies of the written decision must be sent to the applicant.

The board of zoning adjustment may grant a rehearing on any special use application if the rehearing request includes new evidence to be presented that was not available at the time of the original hearing or when the board of zoning adjustment determines that good cause has been shown for a rehearing. The request for a rehearing must be made within 30 days of the date that notice of decision was sent to the applicant. No more than one rehearing is permitted.

88-525-12-A. An approved special use permit will lapse and have no further effect 2 years after its effective date unless:

1.

a building permit has been issued and construction diligently pursued;

2.

a certificate of occupancy has been issued; or

3.

the building or use is established; or

4.

the board of zoning adjustment extends the expiration period by no more than one year.

88-525-12-B. A special use permit will lapse upon revocation of a building permit for violations of conditions of approval.

(Ord. No. 151013, § A, 12-10-2015)

88-525-13-A. GROUNDS FOR REVOCATION

Any special use permit granted by the board of zoning adjustment is subject to revocation for any of the following reasons:

1.

non-compliance with any condition of approval;

2.

a change from the approved use for which the permit was issued resulting in a change in impact upon the surrounding neighborhood;

3.

violation of any provision of this chapter; or

4.

violation of any provision of the code of ordinances pertaining to the use of land and construction or uses of buildings or structures.

5.

the use allowed by the permit is discontinued for a period of 90 days.

Changes in tenancy, ownership, or management shall not be grounds for revocation.

88-525-13-B. PROCEDURE FOR REVOCATION

1.

The city planning and development director may initiate revocation proceedings upon receiving complaints or information that any of the grounds for revocation exist.

2.

The city planning and development director shall mail a notice of intent to revoke to the property owner's last known address stating the grounds for the intended revocation, and the date, time and place of the hearings. Additional notice shall be given in accordance with 88-525-05.

3.

The city plan commission will meet to review the recommendation of the city planning and development director and the property owner's response and prepare a recommendation for consideration by the board of zoning adjustment. The city plan commission's recommendation may be to revoke, to allow the special use to continue with additional conditions, or to deny the revocation.

4.

The board of zoning adjustment must hold a public hearing on the proposed revocation of the special use permit. Following the close of the hearing, the board of zoning adjustment must act with a 4/5 vote to revoke, to allow the special use to continue with additional conditions, or to deny the revocation.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 151013, § A, 12-10-2015)

88-525-14-A. MAJOR AMENDMENTS

Major amendments to approved special use permits must be reviewed and approved in accordance with the procedures of 88-525 as a new application. Major amendments include any of the following:

1.

an increase in building coverage by more than 10%, cumulative;

2.

an increase in the cumulative floor area by more than 10% or 5,000 square feet, whichever is less;

3.

an increase in building height by more than 10% or 6 feet, whichever is less;

4.

an increase in the cumulative impervious surface coverage by more than 10% or 2,000 square feet. whichever is less;

5.

extensive site modification involving location of buildings, razing and reconstruction of approved uses;

6.

an increase in the number of dwelling units or residential occupancy by more than 10%; or

7.

any change that the city planning and development director determines will have impacts that warrant full review of the application in accordance the customary special use permit procedures.

(Ord. No. 120783, § 1, 10-4-2012)

88-525-14-B. MINOR AMENDMENTS

Any application that is not classified as a major amendment will be considered a minor amendment. Minor amendments may be approved by the city planning and development director.

Site plan review is a procedure that allows for administrative review of detailed site plans to determine whether such plans comply with city regulations and policies. A building permit application and an alternative parking plan application, each constitutes a site plan review application, including any such application submitted in connection with a development plan or project plan or property subject to a development plan under 88-517 or a project plan under 88518.

(Ord. No. 151050, § 1, 2-25-2016; Ord. No. 220454, § 1, 8-11-2022)

Site plan review is required for all development that is not subject to development plan review under 88-517 or project plan review under 88-518.

(Ord. No. 151050, § 1, 2-25-2016; Ord. No. 220454, § 1, 8-11-2022)

The city planning and development director has final decision-making authority on site plan applications. No public hearing is required.

(Ord. No. 151050, § 1, 2-25-2016; Ord. No. 220454, § 1, 8-11-2022)

A building permit application constitutes site plan review application. The planning and development director must review each complete application for site plan approval and take one of the following actions:

1.

approve the application;

2.

identify those revisions or modifications that would allow approval of the application;

3.

approve the application with conditions;

4.

disapprove the application; or

5.

forward the application to the city plan commission for review and action.

(Ord. No. 151050, § 1, 2-25-2016; Ord. No. 220454, § 1, 8-11-2022)

88-530-05-A. Appeals of the city planning and development director's decision on a site plan application may be taken to the city plan commission by any aggrieved person by filing a notice of appeal with the city planning and development director. Appeals must be filed within the later of 15 calendar days of the date of the city planning and development director's decision or, if applicable, 15 calendar days of the date notice of such decision has be provided by the director in accordance with Section 88-530-05-C.

88-530-05-B. The city plan commission's decision may be appealed by any aggrieved person to the board of zoning adjustment by filing a notice of appeal with the city planning and development director. Appeals must be filed within 15 calendar days of the city plan commission decision.

88-530-05-C. In the event an owner, or its representative, of property located within 300 feet of the subject property of a site plan has submitted in writing to the city planning and development director a request for notice of a director's decision on a currently pending site plan application or future filed site plan application for the subject property, the city planning and development director shall provide written notice of such decision to such property owner. The written request for notice submitted by or on behalf of a property owner must identify the subject property, the name of the property owner requesting notice, the property owned by such property owner located within 300 feet of the subject property, and the address of the property owner to which notice of the director's decisions is to be sent. Any such request for notice by or on behalf of a property owner shall expire one year following the submittal of such request to the planning and development director; provided that such property owner may submit another request for notice in the manner as provided in this section.

(Ord. No. 151050, § 1, 2-25-2016; Ord. No. 220454, § 1, 8-11-2022)

Any subdivision of land meeting the eligibility criteria below may be approved by the city planning and development director. Any subdivision not meeting these criteria shall require approval of a major subdivision pursuant to 88-540.

88-535-01-A. TYPE 1 MINOR SUBDIVISION

Any subdivision which does not result in a net increase in the number of lots (i.e., a lot line adjustment or lot consolidation) regardless of whether the land area included was previously platted, the total number of lots in the subdivision, and the status of public improvements (i.e. whether or not they exist or meet current standards) within and adjacent to the subdivision.

88-535-01-B. TYPE 2 MINOR SUBDIVISION

Any subdivision which results in a net increase in the number of lots (i.e., a lot split) by up to five additional lots, regardless of whether the land area included was previously-platted, the total number of lots in the subdivision, and the status of public improvements (i.e. whether or not they exist or meet current standards) within and adjacent to the subdivision.

88-535-01-C. TYPE 3 MINOR SUBDIVISION

Any subdivision of previously platted land which results in a net increase in the number of lots (i.e., a lot split) by six but no more than 15 additional lots, regardless of the total number of lots in the subdivision, and when the public improvements required of 88-405-03 are present to serve all lots in the proposed subdivision except that the public improvements specified below need not exist to be eligible for a minor subdivision:

A.

Curb

B.

Drive approaches

C.

Sidewalks

D.

Street trees

E.

Storm sewer and stormwater management facilities (for subdivisions in combined sewer areas)

As a condition of approving the minor subdivision, the city planning and development director shall require construction and installation of all the above public improvements except storm sewer and stormwater management facilities for subdivisions in the combined sewer areas and completion of the public engagement procedures as required of 88-505-12. The City Plan Commission is authorized to waive or modify the required improvements in accordance with the criteria of 88-405-25-C.

88-535-01-D. TYPE 4 MINOR SUBDIVISION

Any subdivision of a building that meets the definition of a condominium plat contained in 88-810-370.

88-535-01-E. SUCCESSIVE APPLICATIONS AND CONCURRENT REVIEW

A.

Successive applications resulting in a net increase of 16 or more new lots shall be prohibited. For the purposes of this section, a successive application shall be any Type 2 or Type 3 Minor Subdivision for a tract of land which lies contiguous to a previously-approved Type 2 or Type 3 Minor Subdivision when the owner on both applications is the same.

B.

Minor subdivisions may be reviewed concurrently with any companion development plan, project plan, special use permit, or preliminary development plan in District UR and District MPD or final development plan in the same districts.

(Ord. No. 220997, § 4, 1-5-2023)

Any subdivision meeting the following criteria is exempt from the minor subdivision approval process.

88-535-02-A. RE-ESTABLISHMENT

A subdivision that meets the criteria of a Type 1 Minor Subdivision as stated above (i.e. a lot line adjustment or lot consolidation) or a Type 2 Minor Subdivision (i.e. a lot split resulting in up to five additional lots) which proposes "re-establishing" previously-platted lots shall be exempt from this process and may "re-establish" the previously-platted lots by deed at the appropriate county recorder's office so long as the previously-platted lots meet the requirements of this zoning and development code, do not result in water or sanitary sewer service lines crossing the resulting lot lines, and that the deed is provided to the city planning and development director for mapping purposes prior to recording.

For the purposes of this section, "re-establishment" shall mean adjusting parcel boundaries such that their legal descriptions and boundaries are consistent with the legal description and boundaries of the underlying lots.

88-535-02-B. CONSOLIDATIONS

A subdivision that meets the criteria of a Type 1 Minor Subdivision as stated above which results in a net reduction in the number of lots (i.e., a lot consolidation) shall be exempt from this process and may combine by deed at the appropriate county recorder's office so long as the resulting lots meet the requirements of this zoning and development code, and that the deed is provided to the city planning and development director for mapping purposes prior to recording.

(Ord. No. 220997, § 4, 1-5-2023)

Minor subdivision applications may be filed only by the subject landowner or the subject landowner's authorized agent.

(Ord. No. 220997, § 4, 1-5-2023)

Complete applications for minor subdivisions must be filed with appropriate personnel in the city planning and development department. Minor subdivision surveys must contain all graphical submittal data as required for final plats.

(Ord. No. 220997, § 4, 1-5-2023)

The city planning and development director must review each application for minor subdivision approval using the criteria provided below and act to approve, approve with conditions, deny, or refer the application to the city plan commission. If referred to the city plan commission, the city plan commission may act to approve, approve with conditions, or deny the application. The city plan commission may also act to continue the matter for further deliberation.

88-535-05-A. REVIEW CRITERIA FOR TYPE 1, TYPE 2, AND TYPE 3 MINOR SUBDIVISIONS

The city planning and development director is authorized to approve a Type 1, Type 2, or Type 3 Minor Subdivision when:

1.

The subdivision meets the eligibility criteria of 88-535-01; and

2.

The subdivision complies with all applicable provisions of this zoning and development code; and

3.

The subdivision complies with the Major Street Plan; and

4.

That proposed lots which are greater than one acre in area do not exceed a lot depth to lot width ratio of 3:1; and

5.

Dedication of rights-of-way and easements, if required, are made by separate instrument, and accepted by the City Council as required by this zoning and development code prior to recording the minor subdivision; and

6.

The proposed subdivision does not adversely affect the remainder of the parcel.

88-535-05-B. REVIEW CRITERIA FOR TYPE 4 MINOR SUBDIVISIONS

The city planning and development director is authorized to approve a Type 4 Minor Subdivision (condominium plat) when it complies with all the following requirements:

1.

the plat must comply with the preliminary plat and/or plan that was approved for the overall development, including any limits on the maximum number of condominium units allowed;

2.

the plat must conform to the requirements of Section 448.2-109, RSMo;

3.

the plat must show the footprint of the buildings and the building identification system;

4.

the plat must include a permanent benchmark and references to the survey monuments by a metes and bounds description;

5.

the plat must include the owner's signature;

6.

the plat must include the names, addresses and phone numbers of the owners and the company preparing the condominium plat;

7.

the plat must include the surveyor's seal, signature and certification;

8.

the plat must include the exact dimensions of the condominium units;

9.

the plat must show the location of the common elements and limited common elements;

10.

the plat submission must include a chronology chart referencing the building number, plat book and page, and date of any previously recorded condominium plats when there are multiple condominium plats;

11.

the plat submission must include the declaration of condominium or amendment to the declaration;

12.

the plat may not be approved until all required dedications of public rights-of-way and easements, if any, are made and accepted by the city council; and

13.

the plat may not be approved until the city planning and development department has received confirmation that any required parkland or private open space dedication or payments in lieu of parkland have been completed.

(Ord. No. 220997, § 4, 1-5-2023)

Upon approval of a minor subdivision, the land survey/condominium plat must be recorded in the office of the appropriate county recorder of deeds. Recording must occur within 90 days of the date of approval by the city planning and development director.

(Ord. No. 220997, § 4, 1-5-2023)

88-535-07-A. If the city planning and development director disapproves the minor subdivision or approves the minor subdivision with conditions or modifications, the applicant may appeal the city planning and development director's decision to the city plan commission by filing a notice of appeal with the city planning and development director. Appeals must be filed within 15 calendar days of the date of the city planning and development director's decision.

88-535-07-B. Appeals of the city plan commission's decision, in the case of a minor subdivision appealed to the city plan commission, may be appealed to the city council by filing a notice of appeal with the city planning and development director. Appeals must be filed within 15 calendar days of the city plan commission decision.

(Ord. No. 220997, § 4, 1-5-2023)

Any subdivision that does not meet the criteria for processing as a minor subdivision (See 88-535) is a major subdivision and must be processed in accordance with the major subdivision procedures.

A major subdivision requires a 3-step review and approval process. First, a preliminary plat must be reviewed and approved in accordance with 88-545. If the preliminary plat is approved, the applicant may then apply for approval of a construction plan in accordance with 88-550 and for approval of a final plat for the subdivision or phase of the subdivision, in accordance with 88-555.

Preliminary plat applications may be filed only by the subject landowner or the subject landowner's authorized agent.

Complete applications for preliminary plat approval must be filed with appropriate personnel in the city planning and development department.

Development plans or project plans and preliminary subdivision plats may be combined in a single plan and processed concurrently if all information required for both types of plans is provided as part of the combined application.

(Ord. No. 151050, § 1, 2-25-2016)

88-545-04-A. The development review committee is authorized to approve preliminary plat applications that do not include requests for waivers or modifications.

88-545-04-B. Upon receipt and review of a complete preliminary plat application, the development review committee must review the preliminary plat and, based on the plat's compliance with the approval criteria of 88-545-06, act by simple majority vote to approve the preliminary plat, approve the preliminary plat with conditions or recommend that the preliminary plat be disapproved.

88-545-04-C. If the development review committee recommends that the preliminary plat be disapproved, the preliminary plat must be forwarded to the city plan commission for a hearing and final decision in accordance with 88-545-05.

88-545-04-D. Applicants may request that any preliminary plat approved with conditions be forwarded to the city plan commission for a hearing and final decision in accordance with 88-545-05 if such request is made within 15 days of the date of development review committee action on the preliminary plat.

88-545-04-E. If the preliminary plat application includes requests for waivers or modifications, the development review committee must review the preliminary plat and, based on the plat's compliance with the approval criteria of 88-545-06, recommend that city plan commission approve the preliminary plat, approve the preliminary plat with conditions or disapprove the preliminary plat.

88-545-05-A. The city plan commission has final decision-making authority on preliminary plat applications, except those that include requests for waivers or modifications, in which case the city plan commission may recommend and city council may authorize, in accordance with 88-405-25-A.

88-545-05-B. The city plan commission also has final decision-making authority on preliminary plats recommended for disapproval by the development review committee and on preliminary plats forwarded to city plan commission at the request of the applicant. The city plan commission must act on preliminary plat applications as a new matter.

88-545-05-C. Preliminary plat applications that require action by the city plan commission require at least one public hearing.

88-545-05-D. Notice of required public hearings must be mailed to the subject property owner, any registered neighborhood organization and/or registered civic organization whose boundaries include the subject property, and all owners of property within 300 feet of the subject property. See 88-505-07.

88-545-05-E. Following action by the development review committee, the city plan commission must review the preliminary plat and the development review committee's action and, based on the plat's compliance with the approval criteria of 88-545-06, act by simple majority vote to approve the preliminary plat, approve the plat with conditions, or disapprove the plat.

88-545-05-F. If the city plan commission disapproves the preliminary plat or approves the plat with conditions, the applicant may appeal the city plan commission's decision to the city council. Appeals of the city plan commission's decision must be filed with the city planning and development director within 15 days of the date of city plan commission action on the preliminary plat. In the case of such appeal, the city council may act on the preliminary plat application as a new matter and, by simple majority vote, approve, approve with conditions, or deny the preliminary plat application. The requirements for hearings, notices and approval criteria are the same as required of the original action before the city plan commission.

(Ord. No. 150313, § A, 4-30-2015)

No preliminary plat may be approved unless the decision-making body finds that the proposed subdivision conforms with all adopted plans of the city and complies with all applicable standards of this zoning and development code.

Approval of a preliminary plat constitutes acceptance of the overall general planning concepts for the subdivision and is a prerequisite for the filing of a construction plan and final plat. After approval of the preliminary plat the applicant may proceed to the construction plan and final plat stages of the major subdivision approval process.

For subdivisions to be developed in phases, phase limits must be shown on the preliminary plat. Decision-making bodies may impose conditions upon the phasing plan for the subdivision it deems necessary to ensure the orderly development of the subdivision, including requirements for financial guarantees ensuring construction of all required improvements.

Once a preliminary plat is approved, applicants have 2 years from the date of approval to submit a final subdivision plat for the subdivision or for an approved phase of the subdivision. If a final plat is not submitted within the required 2-year period, the preliminary plat approval will lapse and be of no further effect. The city plan commission is authorized to grant a one-time extension of the 2-year period, for not to exceed one year. This extension may be granted only if the applicant requests the extension before the approval lapses.

After approval of the preliminary plat and concurrently with submittal of the final plat or after final plat approval, the applicant must submit detailed construction plans in accordance with the requirements of this article.

Construction plans for streets, utilities, and other public improvements required within the proposed subdivision must be prepared by an engineer who is licensed in the State of Missouri.

A complete set of construction plans must be submitted to the city planning and development director.

88-550-04-A. The city planning and development director must review construction plans to determine if the plans comply with all applicable regulations of this zoning and development code and the city's Standards, Specifications, and Design Criteria.

88-550-04-B. If the city planning and development director determines that the construction plans do not comply with applicable regulations and standards, the city planning and development director is authorized to require that modifications be made to bring the construction plans into compliance with such regulations and standards.

Prior to approval of the construction plans, the applicant must submit to the city planning and development director and to all approving agencies and to public utility companies that will service the subdivision a general schedule of the timing and sequence for construction of all required improvements.

Except upon the written approval of the city planning and development director, no grading, removal of trees or other vegetation, land filling, construction of improvements, or other material change, except for the purpose of aiding in preparation of final engineering drawings or plans, may begin on the subject property until the applicant has:

88-550-06-A. received a site disturbance permit for clearing and grading; or

88-550-06-B. received a construction permit from the city planning and development director.

When a subdivision is to be developed in one or more phases, developers must install public improvements or post financial guarantees for each phase. The city may require public improvements to be installed or financial guarantees to be posted for areas beyond an individual phase if the city determines that such improvements or guarantees are necessary to ensure the relative self-sufficiency of the development phase, pending completion of the entire subdivision.

Complete applications for final plat approval must be filed with appropriate personnel in the city planning and development department before the preliminary plat expiration date (see 88-545-09). Along with the completed application, an ownership certificate from a title company, which identifies an authorized agent, is current within 90 days, and which shows the following must also be submitted:

88-555-01-A. The complete and accurate legal description of the property to be subdivided.

88-555-01-B. The fee ownership of all property within the described property.

88-555-01-C. Any deeds of trust, liens, lawsuits, dangerous building cases, attachments or encumbrances upon the property to be subdivided.

88-555-01-D. Statement of taxes and assessments due and payable upon the property described.

88-555-01-E. Existing casements or rights-of-way of record.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 160341, § 1, 5-12-2016)

The city plan commission must review the final plat and, based on the plat's compliance with the approval criteria of 88-555-05, recommend that the final plat be approved, approved with conditions, or disapproved. The date of the regular meeting of the city plan commission, including any adjourned date, at which time review of the final plat was conducted, constitutes the official submittal date of the plat. The city plan commission must take action on the final plat within 60 days of the official submittal date.

(Ord. No. 150313, § A, 4-30-2015; Ord. No. 151050, § 1, 2-25-2016; Ord. No. 160341, § 1, 5-12-2016)

Editor's note— Ord. No. 150313, § A, adopted April 30, 2015, amended the Code by repealing former 88-555-02, and renumbering former 88-555-03—88-555-09 as new 88-555-02—88-555-08. Former 88-555-02 pertained to review and recommendation by the development review committee, and derived from the original zoning ordinance.

88-555-03-A. Within 2 years of the date of the city plan commission's recommendation, the final plat must be submitted to the city council. Failure to submit the final plat within this 2-year period will cause the city plan commission's recommendation to lapse and be of no further effect. In this event, resubmission to the city plan commission will be required before the final plat may be submitted to the city council.

88-555-03-B. Following action by the city plan commission, the city council must review the final plat and the recommendations of the development review committee and city plan commission and, based on the plat's compliance with the approval criteria of 88-555-05, act by simple majority vote to approve the final plat, approve the final plat with conditions, or disapprove the plat.

88-555-03-C. The city planning and development director is authorized to grant an extension not to exceed 2 years to the timeframe established in 88-555-04-A. if the director determines that such extension is necessary to address delays beyond the reasonable control of the applicant. Such extension must be requested by the applicant before the approval lapses. However, if platting obligations, field conditions, standards, or other requirements have changed, no extension may be granted, and re-application for approval of the plat will be required.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 150313, § A, 4-30-2015; Ord. No. 160341, § 1, 5-12-2016)

Note— Former 88-555-04. See editor's note, 88-555-02.

No final plat may be approved unless the decision-making body finds that the proposed subdivision conforms with the approved preliminary plat with all applicable regulations and standards of this zoning and development code.

(Ord. No. 150313, § A, 4-30-2015; Ord. No. 160341, § 1, 5-12-2016)

Note— Former 88-555-05. See editor's note, 88-555-02.

Approval of a final plat confers upon the developer the right to record the approved plat in the office of the appropriate county recorder of deeds. No lot within the subdivision may be sold until the final plat has been approved by the city council and the plat has been officially recorded.

(Ord. No. 150313, § A, 4-30-2015; Ord. No. 160341, § 1, 5-12-2016)

Note— Former 88-555-06. See editor's note, 88-555-02.

Prior to recording a final plat, the developer must install all required public improvements or post a financial guarantee of performance in a form established by the city. A copy of all paid receipts for any taxes due and payable must also be submitted.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 150313, § A, 4-30-2015; Ord. No. 160341, § 1, 5-12-2016)

Note— Former 88-555-07. See editor's note, 88-555-02.

88-555-07-A. The applicant must file the final plat with the appropriate county recorder of deeds within 4 years of the date of passage of the final plat by the city council.

88-555-07-B. If the applicant fails to record the final plat within the required timeframe, the city council's final plat approval will lapse and be of no further effect, in which case the final plat approval process must be repeated before recording the plat.

88-555-07-C. The city planning and development director is authorized to grant an extension not to exceed 2 years to the timeframe established in 88-555-08-A. if the director determines that such extension is necessary to address delays beyond the reasonable control of the applicant. Such extension must be requested by the applicant before the approval lapses. However, if platting obligations, field conditions, standards, or other requirements have changed, no extension may be granted, and re-application for approval of the plat will be required.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 150313, § A, 4-30-2015; Ord. No. 160341, § 1, 5-12-2016)

Note— Former 88-555-08. See editor's note, 88-555-02.

88-555-08-A. When an application is filed for final plat approval, the applicant must submit a digital file of the plat in addition to the paper copies of the plat. The digital file must be submitted at the same time of the application, with each subsequent resubmittal, and again at the time of the submission of the signed copies of the final plat for recording.

88-555-08-B. The submittal of digital plat files must conform to the formatting standards, layering system and text styles as provided by the Director of City Planning and Development.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 150313, § A, 4-30-2015; Ord. No. 160341, § 1, 5-12-2016)

Note— Former 88-555-09. See editor's note, 88-555-02.

The Council may approve a vacation of all or a portion of any right-of-way or plat only when it determines that no private rights will be unreasonably injured or endangered by the vacation and the public will suffer no unreasonable loss or inconvenience thereby.

(Ord. No. 170911, § B, 1-18-2018)

The city shall have exclusive control of all its right-of-ways and shall have exclusive power to vacate or abandon right-of-ways or any part thereof, and to vacate any platted addition or subdivision of land or part thereof with the corporate boundaries of the city; provided, that no such vacation or abandonment shall take place except by ordinance; and provided further, that no such ordinance shall be passed or take effect unless and until the recommendation of the city plan commission, approving or disapproving such ordinance, shall have been given to the council.

(Ord. No. 170911, § B, 1-18-2018)

Any person or corporation owning any property fronting or abutting on any right-of-way, or part thereof, proposed to be vacated, may petition the Council. The owner(s) of any lot in any platted subdivision within the corporate boundaries of the city may petition the council for vacation of the said platted addition or subdivision or any part thereof.

(Ord. No. 170911, § B, 1-18-2018)

A preapplication consultation is required in accordance with 88-505-02 prior to filing an application for vacation of any right-of-way, or part thereof, and for vacation of any platted addition or subdivision of land, or part thereof.

(Ord. No. 170911, § B, 1-18-2018)

A complete application for vacation of right-of-way or plat must be filed with the city planning and development department. An application for vacation of right-of-way or plat must be accompanied by a legal description prepared by a licensed surveyor, unless otherwise waived by the director of city planning and development, describing the right-of-way, or any part thereof, or platted addition or subdivision of land, or part thereof, proposed to be vacated; a written description of why the vacation is being requested; a plan showing future development, if applicable; and a map portraying the right-of-way, or any part thereof, or platted addition or subdivision of land, or part thereof, proposed to be vacated.

(Ord. No. 170911, § B, 1-18-2018)

Within 14 days after a complete application for vacation of streets, alleys and plats is filed the applicant will be supplied with petition, consent and utility comment forms.

88-560-06-A. Petition to Vacate

1.

The applicant must give the names of the persons or corporations owning property fronting or abutting on that part of the right-of-way, or part thereof, proposed to be vacated, or of the legal owners of all lots contained in such addition or subdivision, or part thereof, proposed to be vacated. Such petition shall be verified by affidavit.

2.

No petition is required for any city-initiated vacation of any unimproved right-of-way which is not part of the major street plan and which does not provide the only physical access to any property or for any realigned right-of-way.

88-560-06-B. Consent to Vacate

1.

The applicant shall provide the consent, in writing, of the persons or corporations owning three-quarters of the front feet of the property fronting on that right-of-way proposed to be vacated, acknowledged as deeds conveying real estate in this state are required to be acknowledged in order to entitle them to be recorded. The applicant shall provide the consent, in writing, of the legal owners of all lots contained in such addition or subdivision so proposed to be vacated, acknowledged as deeds conveying real estate in this state are required to be acknowledged in order to entitle them to be recorded.

2.

No consent is required for any city-initiated vacation of any unimproved right-of-way which is not part of the major street plan and which does not provide the only physical access to any property or for any realigned right-of-way.

88-560-06-C. Utility Comment

1.

The applicant shall provide completed utility comment forms of all utility companies given the right to locate utilities in city right-of-way.

2.

Any condition provided by the utility companies may be included as a condition of vacation. In no case shall a utility company's comments prevent the city from vacating public right-of-way.

3.

No utility comment is required for any city-initiated vacation of any unimproved right-of-way which is not part of the major street plan and which does not provide the only physical access to any property or for any realigned right-of-way.

(Ord. No. 170911, § B, 1-18-2018)

88-560-07-A. Notice of the city plan commission hearing shall be mailed by United States mail, first class, to any property owner within the subject site and within 185 feet of the subject site. The notice shall be mailed not less than 13 days before the date set for such hearing. The names of property owners shall be determined as the owners of records according to the records of the city.

88-560-07-B. For city initiated vacations of any unimproved right-of-way which is not part of the major street plan and which does not provide physical access to any property, the department requesting the vacation shall provide notice of the request, by mail, to each adjoining property owner and any registered neighborhood organization and/or registered civic organization, the boundaries of which include the right-of-way to be vacated, at least 13 days prior to any city council committee hearing on the vacation ordinance.

(Ord. No. 170911, § B, 1-18-2018)

88-560-08-A. Any city-initiated vacation of any unimproved right-of-way which is not part of the major street plan and which does not provide physical access to any property will not require a hearing or recommendation of the commission.

88-560-08-B. For all other applications, the city plan commission must review the vacation and determine if the proposed vacation is in the public interest and that no private rights will be unreasonably injured or endangered and the public will suffer no unreasonable loss or inconvenience thereby. The city plan commission shall recommend that the vacation be approved, approved with conditions, disapproved or forwarded without recommendation.

(Ord. No. 170911, § B, 1-18-2018)

88-560-09-A. Within six months of the date of city plan commission's recommendation, the vacation must be submitted to the city council. Failure to submit the vacation within this six month period will cause the city plan commission's recommendation to lapse and be of no further effect. In this event, resubmission to the city plan commission will be required before the vacation may be submitted to city council. The city plan commission may extend this period by no more than six months.

88-560-09-B. Following action by the city plan commission, the city council must review the vacation and the recommendations of staff and city plan commission, and determine if the proposed vacation is in the public interest, and that no private rights will be unreasonably injured or endangered and the public will suffer no unreasonable loss or inconvenience thereby. No ordinance vacating any right-of-way or platted addition or subdivision, or part thereof, shall be passed except by at least a two-thirds affirmative vote of the full authorized membership of the council.

88-560-09-C. An ordinance approving a final plat may simultaneously vacate rights-of-way for which all abutting properties are located within the plat, and where the city council shall have previously approved a preliminary plat or plan requiring such vacation. Such ordinances must be approved by a two-thirds affirmative vote of the full authorized membership of the council and no notice and/or advertisement beyond that required of final plats is needed.

(Ord. No. 170911, § B, 1-18-2018)

In order to determine that no private rights will be unreasonably injured or endangered by the vacation and the public will suffer no unreasonable loss or inconvenience, the city planning and development director, city plan commission, and city council must consider at least the following factors:

88-560-10-A. All property owners adjacent to the right-of-way shall have legal access to another public right-of-way. Such access shall be physically feasible and shall not result in an unreasonable burden or unsafe conditions on the alternate right-of-way.

88-560-10-B. The retention of the public right-of-way or subdivision serves no current purposes and no future useful public purpose is anticipated.

88-560-10-C. The vacation will not result in a violation of 88-405.

88-560-10-D. The vacation shall not disrupt the constructed street network or reduce existing physical connectivity.

88-560-10-E. The vacation shall not result in a dead-end street or alley.

88-560-10-F. The vacation shall not result in street traffic being routed through an alley.

88-560-10-G. The vacation shall not vacate half the width of a street or alley.

88-560-10-H. The right-of-way to be vacated is not on the Major Street Plan.

(Ord. No. 170911, § B, 1-18-2018)

Prior to recording a vacation, the developer must install all required public improvements or post a financial guarantee of performance in a form established by the city.

(Ord. No. 170911, § B, 1-18-2018)

The applicant must file completed petition forms, consent forms and utility comment sheets with the city planning and development department within one year of submitting the initial application.

(Ord. No. 170911, § B, 1-18-2018)

Zoning variances are intended to address unnecessary hardships or practical difficulties resulting from strict application of zoning-related standards.

88-565-02-A. Unless listed in 88-565-02-B below, the board of zoning adjustment is authorized to grant a variance to any regulation in this zoning and development code.

88-565-02-B. 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 this chapter;

3.

waive, modify, or amend any definition or use classification;

4.

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

5.

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

6.

vary the type and number of signs allowed.

(Ord. No. 130441, § 1, 7-11-2013)

Complete applications for zoning variances must be filed with appropriate personnel in the city planning and development department.

A preapplication consultation is required in accordance with 88-505-02 before the filing of an application for variance.

(Ord. No. 151013, § A, 12-10-2015)

88-565-05-A. REQUIRED NEWSPAPER NOTICE

Notice of required public hearings on zoning variances must be published in the newspaper at least 15 days before the date of the public hearing. See 88-505-07.

88-565-05-B. REQUIRED MAILED NOTICE

Notice of required public hearings must be mailed to the subject property owner, any registered neighborhood organization and/or registered civic organization whose boundaries include the subject property, and all owners of property within 300 feet of the subject property. See 88-505-07.

88-565-05-C. COURTESY POSTED NOTICE

Applicants are responsible for providing additional courtesy notice to interested parties by posting a sign on the subject property visible from each abutting public right-of-way. Signs must be posted by the applicant at least 15 days before the public hearing.

(Ord. No. 151013, § A, 12-10-2015)

Editor's note— Ord. No. 151013, § A, adopted December 10, 2015, amended the code by renumbering former 88-565-04—88-565-12 as new 88-565-05—88-565-13.

88-565-06-A. The board of zoning adjustment must hold at least one public hearing on the proposed zoning variance.

88-565-06-B. Following the close of the hearing, at the same or subsequent meeting, the board of zoning adjustment must take action to approve, approve with conditions or deny the proposed zoning variance.

88-565-06-C. A concurring vote of at least 4 members of the board of zoning adjustment is required to approve a zoning variance.

(Ord. No. 151013, § A, 12-10-2015)

Note— Former 88-565-05. See editor's note, 88-565-05.

Zoning variances may be approved by the board of zoning adjustment when they find substantial evidence in the official record that:

88-565-07-A. strict application of one or more standards or requirements of this zoning and development code would result in unnecessary hardships or practical difficulties for the subject property and that such unnecessary hardships or practical difficulties are not generally applicable to other property in the same zoning district;

88-565-07-B. the zoning variance is generally consistent with all relevant purposes and intents of this zoning and development code; and

88-565-07-C. the zoning variance will result in substantial justice being done, considering both the public benefits intended to be secured by this zoning and development code and the individual hardships or practical difficulties that will be suffered if the zoning variance request is denied.

(Ord. No. 151013, § A, 12-10-2015)

Note— Former 88-565-06. See editor's note, 88-565-05.

In acting on requested zoning variances, the board of zoning adjustment must also consider the following factors:

88-565-08-A. whether the undue hardship or practical difficulties are the result of the actions of the property owner or applicant, their agent, employee, or contractor;

88-565-08-B. whether granting the requested zoning variance will result in advantages or special privileges to the applicant or property owner that this zoning and development code denies to other land, structures, or uses in the same district;

88-565-08-C. whether the requested zoning variance is the minimum zoning variance necessary to provide relief;

88-565-08-D. whether the zoning variance, if allowed, will substantially interfere with or injure the rights of others whose property would be affected by allowance of the zoning variance; and

88-565-08-E. whether the zoning variance is being requested due to an intentional violation of this zoning and development code.

(Ord. No. 151013, § A, 12-10-2015)

Note— Former 88-565-07. See editor's note, 88-565-05.

Within 10 days after a final zoning variance decision is made by the board of zoning adjustment, copies of the written decision must be sent to the applicant.

(Ord. No. 151013, § A, 12-10-2015)

Note— Former 88-565-08. See editor's note, 88-565-05.

The board of zoning adjustment may grant a rehearing on any zoning variance application if the rehearing request includes new evidence to be presented that was not available at the time of the original hearing or when the board of zoning adjustment determines that good cause has been shown for a rehearing. The request for a rehearing must be made within 30 days of the date that notice of decision was sent to the applicant. No more than one rehearing is permitted.

(Ord. No. 151013, § A, 12-10-2015)

Note— Former 88-565-09. See editor's note, 88-565-05.

88-565-11-A. An approved zoning variance will lapse and have no further effect 2 years after its effective date unless:

1.

a building permit has been issued and construction diligently pursued;

2.

a certificate of occupancy has been issued; or

3.

the building or use is established; or

4.

the board of zoning adjustment extends the expiration period by no more than one year.

88-565-11-B. A zoning variance also lapses upon revocation of a building permit for violations of conditions of approval.

(Ord. No. 151013, § A, 12-10-2015)

Note— Former 88-565-10. See editor's note, 88-565-05.

The status of a zoning variance is not affected by changes of tenancy, ownership, or management.

(Ord. No. 151013, § A, 12-10-2015)

Note— Former 88-565-11. See editor's note, 88-565-05.

A request for changes in conditions of approval of a zoning variance, or a change to any site or development plan that would affect a condition of approval, must be processed as a new application.

(Ord. No. 151013, § A, 12-10-2015)

Note— Former 88-565-12. See editor's note, 88-565-05.

Administrative adjustments are intended to provide a streamlined approval procedure for minor modifications of selected zoning and development code standards. Administrative adjustments are further intended to:

88-570-01-A. allow development that is in keeping with the general purpose and intent of development regulations and the established character of the area in which it is located;

88-570-01-B. provide flexibility that will help promote rehabilitation and reuse of existing buildings when such flexibility will not adversely affect nearby properties or neighborhood character; and

88-570-01-C. provide flexibility for new construction when necessary to address unusual development conditions when such flexibility is in keeping with the general purpose and intent of development regulations and will not adversely affect other properties or surrounding neighborhood character.

(Ord. No. 220454, § 1, 8-11-2022)

The city planning and development director, director of public works, and director of water services have the authority to review and approve the following administrative adjustments:

88-570-02-A. P/O DISTRICT—BUILDING LOCATION STANDARDS

1.

The city planning and development director is authorized to approve an administrative adjustment to the building placement standards of 88-230-03-A.

2.

Such an administrative adjustment may be approved only when the city planning and development director determines that useable public spaces or pedestrian amenities (e.g., extra-wide sidewalk, plaza with seating or outdoor dining area) will be provided between the building and the street.

88-570-02-B. P/O DISTRICT—TRANSPARENT WINDOW STANDARDS

1.

The city planning and development director is authorized to approve an administrative adjustment to the ground-floor transparency standards of 88-230-03-B.

2.

Such an administrative adjustment may be approved only when the city planning and development director determines that (1) such a reduction will be offset by the provision of other pedestrian amenities or building or site design features that are not otherwise required by this zoning and development code.

88-570-02-C. P/O DISTRICT—DOOR AND ENTRANCE STANDARDS

1.

The city planning and development director is authorized to approve an administrative adjustment to the door and entrance standards of 88-230-03-C.

2.

Such an administrative adjustment may be approved only when the city planning and development director determines that a safe pedestrian walkway not exceeding 20 feet in length is provided between the building entrance and the sidewalk abutting street.

88-570-02-D. P/O DISTRICT—DRIVEWAY AND VEHICLE ACCESS STANDARDS

1.

The director of public works is authorized to approve an administrative adjustment to the driveway and vehicle access standards of 88-230 03-E.

2.

Such an administrative adjustment may be approved only when the director of public works determines, in consultation with other appropriate city officials that access to the subject lot cannot be safely accommodated by alley or side (non-pedestrian) street access.

88-570-02-E. GROUND-FLOOR COMMERCIAL SPACE

The city planning and development director is authorized to approve an administrative adjustment to reduce the ground-floor commercial floor area requirement of 88-120-07 by up to 20%.

88-570-02-F. BICYCLE PARKING

1.

The city planning and development director is authorized to approve an administrative adjustment reducing the number of bicycle spaces required under 88-420-09.

2.

Such an administrative adjustment may be approved only when the city planning and development director determines that use will generate reduced bicycle traffic or that it would be impossible to provide bicycle parking at the subject location.

88-570-02-G. LANDSCAPING

The city planning and development director is authorized to approve administrative adjustments to otherwise applicable landscape standards, as expressly authorized in 88-425-13.

88-570-02-H. MINOR AMENDMENTS TO APPROVED DEVELOPMENT PLANS

Unless otherwise expressly stated in this zoning and development code or as part of the final action to approve a development plan, the city planning and development director is authorized to approve an administrative adjustment allowing minor amendments to approved development plans. For the purpose of this provision, minor amendments are changes that:

1.

do not increase building coverage by more than 10%, cumulative;

2.

do not increase the cumulative floor area by more than 10% or 1,500 square feet, whichever is less;

3.

do not increase building height by more than 10% or 6 feet, whichever is less;

4.

do not increase the total cumulative impervious surface coverage by more than 10% or 2,000 square feet, whichever is less;

5.

do not involve extensive site modifications;

6.

do not increase the number of dwelling units or residential occupancy by more than 10%; or

7.

do not, in the determination of the city planning and development director, have impacts that warrant city plan commission, city council, or board of zoning adjustment review of the application.

88-570-02-I. TRAIL ENCROACHMENTS INTO STREAMSIDE BUFFER ZONE

The director of water services is authorized to approve an administrative adjustment allowing paved or unpaved trails to encroach into the streamside zone (See 88-415-05-A. 1). Administrative adjustments for (paved or unpaved) trail encroachments into the streamside zone may be approved only when the director of water services determines that alternative alignments are not feasible due to topography, the presence of existing structures such as bridges or flood control levees, the inability to acquire property to accommodate other trail alignments, or when that the trail represents the termini of existing trails and trail rights-of-way. Streambanks and natural resource areas affected by allowed encroachments must be stabilized in accordance with the city's Standards, Specifications and Design Criteria, and natural resources must be mitigated in accordance with 88-415-07-C and 88-415-08-B.4.

88-570-02-J. NONCONFORMITIES

The city planning and development director is authorized to approve an administrative adjustment allowing expansion of a nonconforming use into another part of the same building, in accordance with Section 88-610-04-C.

88-570-02-K. SIGNS

The city planning and development director is authorized to approve an administrative adjustment to allow an electronic, digital or motorized wall sign that is directed toward the interior of a site that is at least 3 acres and that meets each of the following standards:

1.

The sign is not visible from any other site or any right-of-way.

2.

The design of the sign is compatible with the design of the development and the other existing signs on the site.

3.

The sign will not negatively impact the use or enjoyment of any other property.

(Ord. No. 140398, § A, 6-17-2014; Ord. No. 150600, § A, 7-23-2015; Ord. No. 151013, § A, 12-10-2015; Ord. No. 220454, § 1, 8-11-2022; Ord. No. 240468, § 1, 6-18-2024)

Complete applications for administrative adjustments must be filed with appropriate personnel in the city planning and development department.

(Ord. No. 220454, § 1, 8-11-2022)

The city planning and development director must review each application for an administrative adjustment and act to approve the application, approve the application with conditions, deny the application, or refer the application to the board of zoning adjustment The city planning and development director's decision to approve or deny must be based on the approval criteria of 88570-05. If referred to the board of zoning adjustment, the matter must be processed as a zoning variance request in accordance with 88-565.

(Ord. No. 151013, § A, 12-10-2015; Ord. No. 160759, § 1, 10-20-2016; Ord. No. 220454, § 1, 8-11-2022)

Editor's note— Ord. No. 151013, § A, adopted December 10, 2015, amended the code by repealing former 88-570-04, and renumbering former 88-570-05—88-570-09 as new 88-570-04—88-570-08. Former 88-570-04 pertained to notice, and derived from the original zoning ordinance.

Administrative adjustments may be approved by the city planning and development director only when the city planning and development director determines that any specific approval criteria associated with the authorized administrative adjustment and the following general approval criteria have been met:

88-570-05-A. the requested administrative adjustment is consistent with all relevant purpose and intent statements of this zoning and development code, including the intent statement of 88-570-01;

88-570-05-B. the requested administrative adjustment will have no appreciable adverse impact on the health, safety, or general welfare of surrounding property owners or the general public; and

88-570-05-C. any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent feasible.

(Ord. No. 151013, § A, 12-10-2015; Ord. No. 220454, § 1, 8-11-2022)

Editor's note— Former 88-570-06. See editor's note, 88-570-04.

In granting an administrative adjustment, the city planning and 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 purpose and intent of this zoning and development code.

(Ord. No. 151013, § A, 12-10-2015; Ord. No. 220454, § 1, 8-11-2022)

88-570-07-A. In the event an owner, or its representative, of property located within 300 feet of the subject property of an administrative adjustment has submitted in writing to the city planning and development director a request for notice of a director's decision on a currently pending application or future application of an administrative adjustment for the subject property, the city planning and development director shall provide written notice of such decision to such property owner. The written request for notice submitted by or on behalf of a property owner must identify the subject property, the name of the property owner requesting notice, the property owned by such property owner located within 300 feet of the subject property, and the address of the property owner to which notice of the director's decisions is to be sent. Any such request for notice by or on behalf of a property owner shall expire one year following the submittal of such request to the planning and development director; provided that such property owner may submit another request for notice in the manner as provided in this section.

88-570-07-B. Final decisions of the city planning and development director may be appealed to the board of zoning adjustment by any person aggrieved by the decision by filing a notice of appeal with the city planning and development director. Appeals must be filed within the later of 15 calendar days of the date of the city planning and development director's decision or, if applicable, 15 calendar days of the date notice of such decision has be provided by the director in accordance with Section 88-570-07-A. Appeals of decisions on administrative adjustments will be heard by the board of zoning adjustment as zoning variance requests.

(Ord. No. 151013, § A, 12-10-2015; Ord. No. 220454, § 1, 8-11-2022)

The city planning and development director must provide a report to the board of zoning adjustment on a regular basis describing the number, nature and disposition of administrative adjustment requests acted on by the city planning and development director since the last report was given to the board of zoning adjustment

(Ord. No. 151013, § A, 12-10-2015; Ord. No. 220454, § 1, 8-11-2022)

Editor's note— Former 88-570-09. See editor's note, 88-570-04.

It is the policy of the City of Kansas City, Missouri, pursuant to the federal Fair Housing Amendments Act of 1988, Title II of the Americans with Disabilities Act, and applicable state laws, to provide individuals with disabilities relief from requirements of this zoning and development code, city policies, and administrative practices to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities.

Nothing in this section requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this Section.

(Ord. No. 230936, § A, 12-14-2023)

To make specific housing available to one (1) or more individuals with disabilities, a disabled person or a person acting on his/her behalf at his/her request (collectively, the "applicant") may request a reasonable accommodation in the form of relief from any standard of this zoning and development code, adopted city policy, or administrative practice of the city applicable to such housing.

1.

A request by an applicant for reasonable accommodation requesting relief from any requirement of this zoning and development code, adopted city policy, or administrative procedure shall be made orally or in writing on a reasonable accommodation request form provided by the city planning and development director. The form shall contain:

a.

Name and address of the individual or entity requesting reasonable accommodation. If the applicant is applying on behalf of an individual with a disability, the name and address of the individual with a disability shall also be provided;

b.

Address of the property for which the accommodation is requested;

c.

The name, phone number, and address of the owner of the fee interest of the property (if other than the applicant);

d.

Attestation that the applicant is (a) an individual with a disability, (b) applying on behalf of an individual with a disability, or (c) a developer or provider of housing for one or more individuals with a disability;

e.

The nature of the disability that requires the reasonable accommodation. In the event that the specific individuals who are expected to reside at the property are not known to the applicant in advance of making the application, the applicant shall not be precluded from filing the application but shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing. The applicant shall notify the department in the event the residents at the location are not within the range described. The department shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate;

f.

The specific type of accommodation requested by the applicant, applicable sections of this zoning and development code, policy titles, and practices for which the accommodation is sought. To the extent practicable, this portion should include information concerning the impact of the reasonable accommodation on the adjoining properties and area, the number of people who are expected to be availing themselves of the reasonable accommodation, the estimated number of people in an average week who will be necessary to provide services to the person(s) with disabilities at the property on an on-going basis, whether or not this type of reasonable accommodation is required to obtain a license from any State or County authority to operate, and any other information the applicant thinks would assist in determining the reasonableness of the accommodation;

g.

Documentation that the specific accommodation(s) requested by the applicant is necessary for the individual(s) with the disability to use and enjoy the dwelling, or is necessary to make the development of housing for individuals with disabilities financially or practically feasible.

2.

a.

The applicant should also note, if known, whether this accommodation requires any additional permits or licensure (e.g. business license); and

b.

Whether the accommodation requested may be necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling.

c.

Any other information that the code administrator or department concludes is necessary in order to make the findings required by this Section.

The city planning and development department will provide the assistance necessary to an applicant in making a request for reasonable accommodation, including information which the department deems necessary to complete a reasonable accommodation request form. Upon the City's receipt of the necessary information to process the applicant's request for reasonable accommodation, the department shall use the information to complete a reasonable accommodation request form. When the department prepares a request for reasonable accommodation form in response to an oral request the form shall be presented to the requester for their input and approval.

3.

The department will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this Section by a person designated by the applicant.

4.

Should the information provided by the applicant to the department include medical information or records of the applicant, including records indicating the medical condition, diagnosis or medical history of the applicant, the department will treat such medical information as confidential.

5.

The department shall provide written notice to the applicant, and any person designated by the applicant to represent the applicant in the application proceeding, of any request received by the department for disclosure of the medical information or documentation which the applicant has provided. The department will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.

6.

All medical information or records of the applicant will be destroyed by the City after the time for appeal of the decision has expired.

(Ord. No. 230936, § A, 12-14-2023)

1.

Requests for reasonable accommodation made pursuant to this section shall be reviewed by the city planning and development director, using the criteria set forth in 88-571-05.

2.

The city planning and development director shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application, and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in 88-571-05.

3.

If necessary to reach a determination on the request for reasonable accommodation, the city planning and development director may request further information from the applicant consistent with applicable fair housing laws, specifying in detail the information that is required. The applicant shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the 30-day period to issue a written determination shall be stayed. The city planning and development director shall issue a written determination within thirty (30) days after receipt of the additional information. if the applicant fails to provide the requested additional information with the 15-day period, the director shall issue a written determination within thirty (30) days after expiration of the 15-day period.

(Ord. No. 230936, § A, 12-14-2023)

1.

The written decision to grant, grant with modifications or conditions, or deny a request for reasonable accommodation shall be consistent with applicable fair housing laws and based upon the following factors:

a.

Whether the housing that is the subject of the request for reasonable accommodation will be used by an individual with a disability protected under the applicable fair housing laws.

b.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the applicable fair housing laws.

c.

Whether the requested accommodation would impose an undue financial or administrative burden on the city.

d.

Whether the requested accommodation would require a fundamental alteration in the nature of the zoning and development code or building program.

e.

Whether the requested accommodation would, under the specific facts of the case, result in a threat to the health or safety of other individuals or substantially damage the property of others.

2.

Factors for Consideration - Necessity. The city planning and development director may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

a.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.

b.

Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

c.

In the case of developers or providers of housing for individuals with disabilities, whether the requested accommodation is necessary to make a facility or facilities of a similar nature or operation economically viable in light of the relevant market and market participants.

d.

In the case of developers or providers of housing for individuals with disabilities, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individual(s) with a disability an equal opportunity to live in a residential setting.

3.

Factors for Consideration - Fundamental Alteration/Reasonableness. The city planning and development director may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of a city program:

a.

Whether the requested accommodation would fundamentally alter the character of a neighborhood.

b.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

c.

Whether granting the requested accommodation would substantially undermine any express purpose of any of the city's comprehensive plan or the intent of this zoning and development code.

d.

In the case of a developer or provider of housing for individuals with disabilities, whether the requested accommodation would create an institutionalized environment due to the number of, and distance between, facilities that are similar in nature.

4.

In making the findings, the director may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant with respect to (a) enabling the individual(s) with the disability to use and enjoy the dwelling, or (b) making the development of housing for individuals with disabilities financially or practically feasible.

(Ord. No. 230936, § A, 12-14-2023)

1.

The written decision of the city planning and development director on a request for reasonable accommodation shall explain the basis of the decision, including those criteria in 88-571-05 which were dispositive. All written decisions shall give notice of the applicant's right to appeal and to request reasonable .accommodation in the appeal process set forth in 88-571-07. The notice of decision shall be sent to the applicant by certified mail.

2.

The written decision of the director shall be final unless an applicant files an appeal to the Board of Zoning Adjustment in accordance with 88-571-07.

3.

If the city planning and development director fails to render a written decision on the request for reasonable accommodation within the thirty (30) day period established by 88-571-04, the request shall be deemed granted.

(Ord. No. 230936, § A, 12-14-2023)

1.

Within fifteen (15) days of the date of the city planning and development director's decision, an applicant may appeal an adverse decision to the board of zoning adjustment as set forth in 88-575.

2.

If an individual needs assistance in filing an appeal on an adverse decision, the city planning and development director shall provide or arrange for assistance to ensure that the appeals process is accessible. All applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the applicant.

3.

All appeals shall contain a written statement of the grounds for the appeal. Any personal information related to the disability status identified by an applicant as confidential shall be retained and transmitted in a manner so as to protect the privacy rights of the applicant and shall not be made available for public inspection.

4.

In considering an appeal of the decision of the director, the board of zoning adjustment shall consider (a) the application requesting a reasonable accommodation, (b) the director's decision, (c) the applicant's written statement on the grounds for appeal, and (d) the provisions of this Section, in order to determine whether the director's decision was consistent with applicable fair housing laws and the required findings established in 88-571-05.

5.

There shall be no fee to appeal a decision issued under 88-571-06.

(Ord. No. 230936, § A, 12-14-2023)

1.

Any approval granted for a reasonable accommodation in accordance with this Section shall expire twenty-four (24) months from the effective date of the approval unless:

a.

Construction of the approved work has commenced in accordance with an approved building permit, where applicable.

b.

A certificate of occupancy for the approved work has been issued.

c.

The use authorized by the reasonable accommodation is legally established.

d.

An extension of time has been granted by the director in accordance with 88-571-08(2).

2.

The director may approve up to three (3), one-year extensions of time for an approval of a reasonable accommodation, upon a showing of good cause by the applicant for each such extension. Any request for an extension of time for an approval of a reasonable accommodation shall be made in writing to the director at least thirty (30) days prior to the expiration date.

(Ord. No. 230936, § A, 12-14-2023)

Any accommodation granted to an individual with a disability shall be considered personal to that individual and shall not run with the land. Accordingly, the director (or the board of zoning adjustment on appeal) may condition the approval of any such accommodation on (a) removal of any improvements constructed pursuant to the accommodation, where the removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists; (b) time limits and/or expiration of the accommodation, when the need for which the accommodation was granted no longer exists; or (c) recordation of a covenant, building restriction, or deed restriction putting prospective buyers of the subject property on notice regarding the personal nature of the accommodation and any conditions relating thereto.

(Ord. No. 230936, § A, 12-14-2023)

No request for reasonable accommodation that has been denied in whole or in part may be resubmitted within one (1) year of the date of the denial, except upon a showing of materially changed conditions.

(Ord. No. 230936, § A, 12-14-2023)

Any request to modify an approved accommodation shall be treated as a new application unless, in the opinion of the director, the requested modification results in only a minor change, is within the authority of the director to approve, and is consistent with the original approval.

(Ord. No. 230936, § A, 12-14-2023)

The city shall not impose any additional fees or costs in connection with a request for reasonable accommodation under the provisions of this section or an appeal of a denial of such request by the city planning and development director. Nothing in this section obligates the city to pay an applicant's attorney fees or costs.

(Ord. No. 230936, § A, 12-14-2023)

While an application for reasonable accommodation or appeal of a denial of said application is pending, the city will not enforce the subject zoning ordinance against the applicant. All other laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(Ord. No. 230936, § A, 12-14-2023)

The city planning and development director shall maintain records of all oral and written requests submitted under the provisions of this section and the city's responses thereto, as required by State law.

(Ord. No. 230936, § A, 12-14-2023)

The board of zoning adjustment is authorized to hear and decide appeals where it is alleged there has been an error in any order, requirement, decision, or determination made by an administrative official of the city in the administration, interpretation, or enforcement of this zoning and development code.

Appeals of administrative decisions may be filed by any person aggrieved by the administrative official's decision or action.

88-575-03-A. Complete applications for appeals of administrative decisions must be filed with appropriate personnel in the city planning and development department.

88-575-03-B. Appeals of administrative decisions must be filed within 15 days of the date of the decision being appealed.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 220398, § 1, 5-19-2022)

The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the city planning and development director certifies to the board of zoning 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 cases, proceedings may not be stayed other than by a restraining order, which may be granted by the board of zoning adjustment or by a court of record.

Upon receipt of a complete application of appeal, the official whose decision is being appealed must transmit to the board of zoning adjustment all papers constituting the record upon which the action appealed is taken.

Notice of required public hearings on appeals of administrative decisions must be published in the newspaper at least 15 days before the date of the public hearing. See 88-505-07.

Notice of required public hearings must be mailed to the subject property owner, any registered neighborhood organization and/or registered civic organization whose boundaries include the property that is the subject of the appeal, and all owners of property within 300 feet of the subject property. See 88-505-07.

88-575-08-A. The board of zoning adjustment must hold at least one public hearing on the appeal.

88-575-08-B. In acting on the appeal the board of zoning 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 zoning adjustment has all the powers of the official from whom the appeal is taken, and the board of zoning adjustment may reverse or affirm wholly or partly or may modify the decision being appealed. If the board of zoning adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it may remand the appeal to the official from whom the appeal is taken, with directions to obtain the necessary evidence and to reconsider the decision in light of that evidence.

88-575-08-C. A concurring vote of at least 4 members of the board of zoning adjustment is required to reverse any order, requirement, decision, or determination of an administrative official.

An appeal may be sustained only if the board of zoning adjustment finds that the administrative official erred.

Within 10 days after a decision is made by the board of zoning adjustment, copies of the written decision must be sent to the applicant (appellant). The decision is final on the date that the letter of final disposition is mailed to the applicant.

The board of zoning adjustment may grant a rehearing on any appeal of administrative decision if the rehearing request includes new evidence to be presented that was not available at the time of the original hearing or when the board of zoning adjustment determines that good cause has been shown for a rehearing. The request for a rehearing must be made within 30 days of the date that notice of decision was sent to the applicant. No more than one rehearing is permitted.

88-580-01-A. APPLICATION FILING

1.

Applications for designation of historic districts, landmarks, or overlay zoning districts (collectively referenced as HO districts) may be made by the owner(s) of record of the subject property, any other person or organization with the full consent and written approval of the owner(s) of record of a subject property, a member of the historic preservation commission, a member of the city council, the neighborhood association for the area in which that property is located, a historic preservation organization, or any other person or organization where at least 51% of the owners of the affected parcels in a proposed district do not object to the nomination (exclusive of all publicly owned property, streets, and alleys).

2.

Complete applications for designation of HO districts must be filed in the office of the historic preservation commission. Applications must contain a legal description of the property and a statement describing its historic, cultural, aesthetic, or architectural significance.

3.

The city planning and development director shall notify the owner of any property within a proposed HO district application, if such person is different than the applicant. This notification shall be done within 14 calendar days of the application date for the HO district nomination. The notification of the property owner shall include the following:

a.

a copy of the application that was made for the nomination;

b.

an explanation of the nomination procedure for HO district and the consequential property restrictions;

c.

an explanation stating that the property owner has the right to appear at the scheduled public hearing at which the nomination will be considered and the date of the hearing; and

d.

an explanation stating that the property owner has the right to submit documentation either for or against the nomination.

4.

INTERIM CONTROL

Once an application has been filed, no building permit for alteration, construction, demolition, or removal of a property being considered for designation under an application for an HO district may be issued until the historic preservation commission has dismissed or denied the application for designation, or until the city council has denied designation in accordance with the procedures established in 88-580-01-C. and 88-580-01-E., though no stay on the issuance of a permit may be for more than six months from the filing of the application. No permit may be stayed in the following circumstances:

a.

The building has been declared dangerous according to the procedures established in Chapter 56, Article V.

b.

The director of city planning and development determines that the property does not meet the minimum requirements for historic designation under 88-580-01-F. and under the rules and regulations of the historic preservation commission. An applicant or owner may appeal the director's determination to the historic preservation commission at the next regular or special meeting. If the commission determines that there is merit to the application by a majority vote of those present, then the application will proceed under the procedures set in 88-580-01.

c.

The project located at Westport Road and Broadway, approved by Committee Substitute for Ordinance 170407, and the project on Pennsylvania north of Westport Road, approved by Committee Substitute for Ordinance 170487, shall be exempt from the stay.

During this period of interim control, the applicant for the permit or property owner shall have the opportunity to explain to the historic preservation commission the reasons why a building permit should be issued promptly, and the commission may grant approval for a building permit in this interim period. Additionally, the city council may authorize such alteration, construction, demolition, or removal by adopting a formal resolution declaring that the proposed work is necessary for the public health, welfare, or safety.

5.

CONSIDERATION OF APPLICATION

The historic preservation commission must hold a public hearing on the proposed nomination within 45 days of receipt of the application and must render a decision concerning the merits of the application within 90 days of the receipt of the application, which may be extended with the agreement of the owner of the property.

88-580-01-B. NOTICE OF HEARING

a.

REQUIRED NEWSPAPER NOTICE

Notice of required public hearings on proposed designation of historic districts, landmarks, or overlay zoning districts (HO districts) must be published in the newspaper at least 15 days before the date of the public hearing. See 88-505-07.

b.

REQUIRED MAIL NOTICE

Notice of required public hearings must be mailed at least 13 days before the scheduled hearing to the subject property owner, any registered neighborhood organization, and/or registered civic organization whose boundaries include the subject property, and all owners of property within 300 feet of the subject property. See 88-505-07. The mailed notice shall provide contact information sufficient for those interested to determine when the city council will hold its hearing on the designation.

88-580-01-C. HEARING AND RECOMMENDATION—HISTORIC PRESERVATION COMMISSION

1.

The historic preservation commission must hold at least one public hearing on the designation of historic districts, landmarks, or overlay zoning districts (HO districts). Following the close of the hearing, the historic preservation commission must act to recommend that the proposed designation be approved, approved with modifications, continued for further deliberation, forwarded to the city plan commission with no recommendation, or denied. Five affirmative votes are required to recommend approval or approval with modifications. A majority of those present is required to continue for further deliberation, forward to the city plan commission with no recommendation, or deny the application.

2.

The historic preservation commission may grant a rehearing if the rehearing request includes new evidence to be presented that was not available at the time of the original hearing. The request for a rehearing must be made within 30 days of the date of the historic preservation commission's original action. No more than one rehearing is permitted.

3.

The findings of the historic preservation commission, must be forwarded to the city plan commission and city council for review.

4.

In reviewing and making decisions on proposed historic landmark and historic district designations, the historic preservation commission must consider at least the following factors:

a.

the criteria used in determining eligibility for listing on the U.S. Department of Interior's National Register of Historic Places, including the historic, cultural, aesthetic, or architectural significance of the building, structure, site, object, or district; and

b.

conformance with the city's adopted plans and planning policies;

c.

the economic impact of the designation on the subject property and the surrounding area.

88-580-01-D. HEARING AND RECOMMENDATION—CITY PLAN COMMISSION

1.

The city plan commission must hold at least one public hearing on all historic district, landmark, or overlay zoning district (HO) designation applications forwarded by the historic preservation commission. Following the close of the hearing, the city plan commission must act by simple majority vote to recommend that the proposed designation be approved, approved with modifications, or denied. The city plan commission may also act to continue the matter for further deliberation.

2.

In reviewing and making decisions on proposed historic landmark and historic district designations, the city plan commission must consider at least the following factors:

a.

the criteria used in determining eligibility for listing on the U.S. Department of Interior's National Register of Historic Places, including the historic, cultural, aesthetic, or architectural significance of the building, structure, site, object, or district;

b.

conformance with the city's adopted plans and planning policies; and

c.

the economic impact of the designation on the subject property and the surrounding area.

88-580-01-E. HEARING AND FINAL ACTION—CITY COUNCIL

1.

After receiving the recommendation of the historic preservation commission and the city plan commission, the city council may convene its own public hearing on the proposed historic district, landmark, or overlay zoning district (HO) designation.

2.

Following the close of the public hearing, the city council may act to approve the proposed designation, approve the designation with modifications, or deny the designation.

3.

The city council may act by a simple majority vote, except when a valid protest petition of HO zoning designation has been submitted in accordance with 88-515-09, approval or approval with modifications requires a 2/3 majority vote of the full membership of the city council.

4.

Immediately upon passage of an ordinance designating a particular site as an historic landmark or historic district, notice of designation must be provided to the city planning and development director.

5.

Once designated by city council, the historic district, landmark, or overlay zoning district (HO) designation will remain in place until such designation is officially revoked. Upon designation, a certificate of appropriateness is required in accordance with 88-585 for any exterior alterations or material changes visible from any public place or right-of-way.

88-580-01-F. REVIEW CRITERIA FOR CITY COUNCIL

In reviewing and making decisions on proposed historic landmark and historic district designations, the city council must consider at least the following factors:

1.

the criteria used in determining eligibility for listing on the U.S. Department of Interior's National Register of Historic Places, including the historic, cultural, aesthetic, or architectural significance of the building, structure, site, object, or district;

2.

the economic impact of the designation on the subject property and the surrounding area;

3.

conformance with the city's adopted plans and planning policies; and

4.

the recommendations of the historic preservation commission and the city plan commission.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 130136, § A, 4-25-2013; Ord. No. 130814, § A, 5-1-2014; Ord. No. 160759, § 1, 10-20-2016; Ord. No. 170957, § 1, 12-7-2017)

88-580-02-A. APPLICATION FILING

Complete applications for official revocation of historic landmark or historic district designation must be filed with appropriate personnel in the office of the historic preservation commission. Applications must contain a legal description of the property and a statement describing why the historic designation should be revoked.

88-580-02-B. NOTICE OF HEARING

1.

REQUIRED NEWSPAPER NOTICE

Notice of required public hearings on proposed revocation of historic landmark or historic district designations must be published in the newspaper at least 15 days before the date of the public hearing. See 88-505-07.

2.

REQUIRED MAILED NOTICE

Mailed notice must be provided to the subject property owner, any registered neighborhood organization, and/or registered civic organization whose boundaries include the subject property, and to all owners of property within 300 feet of the subject property. See 88-505-07.

88-580-02-C. HEARING AND RECOMMENDATION—HISTORIC PRESERVATION COMMISSION

1.

The historic preservation commission must hold at least one public hearing on the revocation of historic landmark or historic district designations. Following the close of the hearing, the historic preservation commission must act to recommend that the proposed designation be revoked or retained. Five affirmative votes are required to recommend revocation of an historic designation.

2.

The historic preservation commission may grant a rehearing if the rehearing request includes new evidence to be presented that was not available at the time of the original hearing. The request for a rehearing must be made within 30 days of the date of the historic preservation commission's original action. No more than one rehearing is permitted.

3.

The recommendation of the historic preservation commission, whether for revocation or retention, must be forwarded to the city plan commission and city council for review.

88-580-02-D. HEARING AND RECOMMENDATION—CITY PLAN COMMISSION

The city plan commission must hold at least one public hearing on all historic landmark or historic district revocation applications forwarded by the historic preservation commission. Following the close of the hearing, the city plan commission must act by simple majority vote to recommend that the proposed historic landmark or historic district designation be revoked or retained. The city plan commission may also act to continue the matter for further deliberation.

88-580-02-E. HEARING AND FINAL ACTION—CITY COUNCIL

1.

After receiving the recommendation of the historic preservation commission and the city plan commission, the city council may convene its own public hearing on the proposed historic landmark or historic district revocation.

2.

Following the close of the public hearing, the city council may act to approve the proposed revocation or retain the historic landmark or historic district designation.

3.

The city council may act by a simple majority vote, except when a valid protest petition of HO zoning revocation has been submitted in accordance with 88-515-09, approval or approval with modifications requires a ⅔ majority vote of the full membership of the city council.

88-580-02-F. REVIEW CRITERIA

In reviewing and making decisions on proposed historic district, landmark and HO designations, and proposed revocations of such designations, review and decision-making bodies must consider at least the following factors:

1.

the criteria used in determining eligibility for listing on the U.S. Department of Interior's National Register of Historic Places, including the historic, cultural, aesthetic or architectural significance of the building, structure, site, object or district;

2.

whether the historic landmark or historic district has lost the historic, cultural, aesthetic or architectural significance that led to its initial designation as a historic landmark or historic district;

3.

the economic impact of the revocation on the subject property and the surrounding area; and conformance with the city's adopted plans and planning policies.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 130136, § A, 4-25-2013; Ord. No. 130814, § A, 5-1-2014; Ord. No. 160759, § 1, 10-20-2016)

88-585-01-A. For real property that is designated as an historic landmark or that is located within the boundaries of an historic district or an historic overlay district, certificates of appropriateness are required for exterior alterations or material changes visible from any public place or right-of-way. No building permit or other permit may be issued for real property that is designated as an historic landmark or that is located within the boundaries of an historic district until a certificate of appropriateness is approved in accordance with the procedures of this article.

88-585-01-B. For the purposes of this article, the terms "exterior alteration" and "material change" may include:

1.

The construction, reconstruction, improvement, repair, removal, demolition or moving of any building, structure, or utility.

2.

Site work, substantial landscaping, substantial planting plan, paving, or any changes in the existing land surfaces of the property.

3.

The erection or placement of any sign.

88-585-01-C. For the purposes of this article, the terms "exterior alteration" or "material change" does not include:

1.

work with respect to utilities, to the extent that no material change results in appearance or to the extent that visibility from any public place is not affected; or

2.

ordinary and necessary maintenance that results in no material change in appearance.

(Ord. No. 130814, § A, 5-1-2014)

88-585-02-A. If any emergency situation exists, temporary repairs required to prevent imminent damage to a structure may be authorized by the city planning and development director, subject to review by the historic preservation commission.

88-585-02-B. Within 48 hours after the repairs are made, the person making such authorized temporary repairs must notify the city planning and development director. If any work intended to be permanent was performed or is to be performed, a certificate of appropriateness must be obtained in accordance with the procedures of this article.

(Ord. No. 130814, § A, 5-1-2014)

Complete applications for certificates of appropriateness must be filed with appropriate personnel in the office of the historic preservation commission.

(Ord. No. 130814, § A, 5-1-2014)

88-585-04-A. APPLICABILITY

1.

The city planning and development director is hereby authorized to issue certificates of appropriateness without review by the historic preservation commission if the certificate of appropriateness is for an insubstantial change, which is a change to a feature of a building, structure or site that is not historically significant, as defined in the rules and regulations of the historic preservation commission.

2.

The city planning and development director may not approve any application for a substantial change, which is a change to a feature of a building, structure or site that is historically significant, as defined in the rules and regulations of the historic preservation commission.

3.

The city planning and development director may refer any project to the historic preservation commission upon which the director may otherwise act, due to the complexity of the project or uncertainty as to its consistency with the historic preservation commission's rules and regulations.

4.

The city planning and development director does not have final decision-making authority to deny a certificate of appropriateness. Any application that is not approved by the city planning and development director must be forwarded to the historic preservation commission for review in accordance with the procedures of 88-585-05.

5.

The city planning and development director must notify the historic preservation commission of certificates of appropriateness administratively issued at the historic preservation commission's next regular meeting.

88-585-04-B. NOTICE

1.

REQUIRED MAILED NOTICE

Notice of required public hearings must be mailed to the subject property owner, any registered neighborhood organization and/or registered civic organization whose boundaries include the subject property, and all owners of property within 300 feet of the subject property. See 88-505-07.

2.

NOTICE TO HISTORIC PRESERVATION COMMISSION

The city planning and development director must provide notice to the historic preservation commission at least 7 days before of the issuance of a certificate of appropriateness. If any member of the historic preservation commission objects, in writing, to the city planning and development director's issuance of the certificate of appropriateness, then the application must be forwarded to the historic preservation commission for review in accordance with the procedures of 88-585-05.

(Ord. No. 130814, § A, 5-1-2014)

88-585-05-A. NOTICE OF HEARING

1.

REQUIRED NEWSPAPER NOTICE

Notice of required public hearings on applications for certificates of appropriateness must be published in the newspaper at least 7 days before the date of the public hearing. See 88-505-07.

2.

REQUIRED MAILED NOTICE

Mailed notice must be provided to the subject property owner, any registered neighborhood organization, and/or registered civic organization whose boundaries include the subject property, and to all owners of property within 300 feet of the subject property. See 88-505-07.

3.

COURTESY POSTED NOTICE

Applicants are responsible for providing additional courtesy notice to interested parties by posting a sign on the subject property visible from each abutting public right-of-way. Signs must be posted by the applicant at least 15 days before the public hearing.

88-585-05-B. HEARING AND FINAL DECISION

1.

The historic preservation commission must hold at least one public hearing on all certificate of appropriateness requests that are not eligible for staff approval. Following the close of the hearing, the historic preservation commission must act, by simple majority vote, to approve or deny the certificate of appropriateness.

2.

In the event of a tie vote or the inability of the historic preservation commission to act on an application under this section, the certificate of appropriateness application will be deemed to have been denied.

3.

The historic preservation commission must enter its order and record in writing its decision and the facts upon which its decision was based. An order of approval must describe in detail the work that was approved, the approved materials, and the approved manner of carrying out the work.

4.

The decision of the historic preservation commission will be considered the final administrative decision of the city 30 days after the date of the historic preservation commission's decision unless a request for rehearing is granted as provided in 88-585-05-C. The decision to deny an application for a rehearing or, if an application for rehearing is granted, the decision following the reheard application will be the final administrative decision of the city on the date of the historic preservation commission's decision.

5.

The method of appeal for applicants who have been denied a certificate of appropriateness shall be through judicial review as provided by RSMo. Chapter 536.

88-585-05-C. REHEARING

The historic preservation commission may grant a rehearing if the rehearing request includes new evidence to be presented that was not available at the time of the original hearing. The request for a rehearing must be made within 30 days of the date of the historic preservation commission's original action. No more than one rehearing is permitted.

88-585-05-D. DECISION-MAKING CRITERIA

1.

The historic preservation commission or its authorized staff may approve a certificate of appropriateness if either finds that:

a.

the changes proposed are such as not to be visible from any public place; or

b.

the changes are not detrimental to the architectural, cultural, historic or textural character of other improvements of the real property designated as historic landmarks or historic district.

2.

The historic preservation commission may deny a certificate of appropriateness if it finds that proposed changes are detrimental to the architectural, cultural, historic, or textural character of the real property designated as an historic landmark or in an historic district.

3.

Factors to be considered in review of applications for certificates of appropriateness are as follows:

a.

In determining whether the changes proposed are detrimental to the architectural, cultural, historic, or textural character of the real property designated as historic landmarks or historic district, or of other improvements, the historic preservation commission or the staff, as appropriate, must consider whether the proposed changes are in accordance with the U.S. Secretary of the Interior's Standards for Rehabilitation.

b.

In considering whether the erection of any sign should be permitted, the historic preservation commission or staff, as appropriate, must determine whether the placement, size, texture, style, and materials are compatible with the historic landmark or district.

c.

In reviewing the application, the historic preservation commission or staff, as appropriate, must determine whether the work proposed is visible from any public place or right-of-way. This determination may be implied from the evidence presented at the hearing.

88-585-05-E. EFFECT OF DENIAL

If a certificate of appropriateness is denied, no building permit may be issued and no other work for which a certificate of appropriateness is required may be undertaken for a period of 36 months after the date that the application is denied. At the end of 18 of the 36 months, the applicant may apply to the commission to request a reconsideration of the denial of a certificate of appropriateness or a certificate of economic hardship if the request includes new evidence to be presented that was not available at the time of the original hearing in order for the commission to make a determination if the denial should continue for the remaining 18 months.

88-585-05-F. CERTIFICATE OF ECONOMIC HARDSHIP

1.

Consideration of an application for a certificate of economic hardship:

a.

Upon denial of a certificate of appropriateness seeking a demolition or seeking approval for a project which does not meet the design guidelines of the commission due to material or design, an applicant may apply for a certificate of economic hardship. Proof of economic hardship shall be the burden of the property owner and any finding in support of economic hardship shall be based solely on the hardship of the property, not circumstances personal to the property owner.

b.

Consideration of an application for a certificate of economic hardship may be made only after a certificate of appropriateness has been denied.

c.

The application for a certificate of economic hardship must be filed within 30 days of the date of the commission's original action to deny a certificate of appropriateness or, if the applicant timely requested a rehearing pursuant to this ordinance, within 30 days of either the denial of the rehearing request or upon the denial of the certificate of appropriateness if the request for rehearing is granted and the certificate of appropriateness is again denied. The commission must hold a public hearing on the proposed certificate of economic hardship within 45 days of receipt of the application and must render a decision concerning the merits of the application within 90 days of the receipt of the application, which may be extended with the consent of the applicant.

2.

Finding of economic hardship. The commission shall issue a certificate of economic hardship if the applicant proves:

a.

For income-producing property, that a reasonable economic return cannot be obtained or that it is impractical to sell or lease the property or no market exists for it at a reasonable price if the property retains its historic features or structures in either its present condition or if its features or structures are rehabilitated; or

b.

For non-income-producing property, such as owner-occupied dwellings or properties owned by institutional, nonprofit organizations or public entities, that the value of the work that meets the Secretary of Interior's Standards for Rehabilitation would be an unreasonable investment based on the overall value of the property in its present condition or if rehabilitated.

3.

Evidence of economic hardship. The commission may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application or as defined in the rules and regulations of the historic preservation commission:

a.

Current level of economic return:

i.

Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

ii.

If the property is income-producing, the annual gross income from the property for the previous two (2) years, itemized operating and maintenance expenses, and depreciation for the previous two (2) years; and annual cash flow before and after debt service, if any, during the same period;

iii.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years;

iv.

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property;

v.

Assessed value of the property according to the two (2) most recent assessments;

vi.

Real estate taxes for the previous two (2) years;

vii.

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other.

b.

Any listing of property for sale or rent, price asked, and offers received, if any, within the previous two years, including testimony and relevant documents regarding:

i.

Any real estate broker or firm engaged to sell or lease the property;

ii.

Reasonableness of price or rent sought by the applicant;

iii.

Any advertisements placed for the sale or rent of the property.

c.

Feasibility of alternative uses for the property that could earn a reasonable economic return such as:

i.

A report from a licensed engineer or architect with experience in rehabilitation of historic buildings as to the structural soundness of any structures on the property and their suitability for rehabilitation;

ii.

An estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the design standards necessary for the issuance of a certificate of appropriateness;

iii.

Estimated market value of the property (a) in its current condition; (b) after completion of the proposed construction, alteration, demolition, or removal; and (c) as it would be if in conformance with the Secretary of the Interior's Standards for Rehabilitation;

iv.

In the case of a proposed demolition, an estimate from a developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation of historic buildings as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

d.

Any evidence of self-created hardship through deliberate neglect or inadequate maintenance of the property as may be evidenced through submission of publicly accessible records such as, but not limited to, property maintenance code violations pursuant to Chapter 56 of the Kansas City Code of Ordinances or applications to public entities and commissions.

e.

Economic incentives and/or funding available to the applicant through federal, state, city, or private programs.

f.

A financial analysis of the property from an independent third party if the project costs exceeds an amount defined in the rules and regulations of the historic preservation commission. Such analysis will be conducted at the expense of the applicant.

g.

Information about proposed plans prepared for the property, if a building or structure is demolished, including information on the timing and financing of the new construction; and,

h.

Estimated cost for mothballing the property in accordance with the standards established by the National Park Service if the application for a certificate of economic hardship is denied.

i.

Any other information considered necessary by the commission to make a determination as to whether the property does yield or may yield a reasonable economic return to the owner.

4.

Judicial review of decision of the historic preservation commission. The method of appeal for applicants who have been denied a certificate of economic hardship shall be through judicial review as provided by RSMo. Chapter 536.

88-585-05-G. LAPSE OF APPROVAL

1.

An approved certificate of appropriateness will lapse and have no further effect 2 years after its approval unless:

a.

a building permit has been issued and construction diligently pursued;

b.

a certificate of occupancy has been issued; or

c.

the building or use is established; or

d.

the historic preservation commission extends the expiration period by no more than one year upon the request of the applicant.

2.

A certificate of appropriateness also lapses upon revocation of a building permit for violations of conditions of approval.

(Ord. No. 130814, § A, 5-1-2014; Ord. No. 160533, § 1, 7-28-2016)

Buildings and sites designated as historic landmarks or within historic districts must comply with the minimum requirements of the property maintenance code and any other regulatory codes of the city. The historic preservation commission may initiate complaints regarding violations of regulatory codes against a specific building that is in violation of the property maintenance code. The commission may seek to have any defects corrected or repairs made, so that such building is protected and preserved in conformance with the city code.

(Ord. No. 130814, § A, 5-1-2014)