88-605-01-A. ESTABLISHMENT, MEMBERSHIP AND MEETINGS

1.

The board of zoning adjustment, as originally provided for in Ordinance No. 45608, passed June 4, 1923, consists of 5 members, who must be residents of the city.

2.

Board of zoning adjustment members serve 5-year overlapping terms.

3.

In addition to the 5 regular members of the board of zoning adjustment, there must be 3 alternate members, who must also be residents of the city. Alternate members serve in the absence or disqualification of regular members. Alternate members serve one year terms.

4.

In accordance with RSMo 89.080, the mayor, by and with the advice and consent of the city council, appoints all regular and alternate members of the board of zoning adjustment, provided that not more than 2 regular members may reside in the same city council district. Vacancies must be filled for the unexpired term of any member or alternate member whose term is vacant.

5.

Regular members and alternate members may be removed for cause by the appointing authority upon written charges and after public hearing.

6.

The board of zoning adjustment must elect its own chair and vice-chair to serve one-year terms. Alternate member may not serve as chair or vice-chair.

7.

The board of zoning adjustment may adopt, from time to time, such rules and regulations as it may deem necessary to carry out its duties.

8.

All meetings of the board of zoning adjustment must be in public, held at the call of the chair and at such other times as the board of zoning adjustment may determine. The chair, or in the chair's absence the vice-chair, may administer oaths and compel the attendance of witnesses. The board of zoning adjustment must keep minutes of the proceedings and reports, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and must keep complete public records of this examination and other official actions on all proceedings before the board of zoning adjustment.

9.

City plan commission members are ex officio advisory members of the board of zoning adjustment without vote. The secretary of the city plan commission is ex officio secretary of the board of zoning adjustment.

88-605-01-B. POWERS AND DUTIES

The board of zoning adjustment must hear and decide all matters referred to it or upon which it is required to pass under this zoning and development code.

88-605-02-A. ESTABLISHMENT AND PURPOSE

The development review committee is established for the primary purpose of assisting the city planning and development department and the city plan commission in the subdivision and site plan or development plan review process.

88-605-02-B. MEMBERSHIP

1.

The membership of the development review committee is comprised of representatives of city departments that have direct involvement in matters likely to be addressed in the subdivision and site plan or development plan review process.

2.

The following individuals are members of the development review committee:

(a)

city planning and development director;

(b)

public works director;

(c)

parks and recreation director;

(d)

water services director;

(e)

health director;

(f)

fire chief;

(g)

police chief; and

(h)

city attorney.

3.

Members are authorized to delegate their development review committee responsibilities to other department officials and to assign review responsibilities to officials within multiple divisions of the department.

88-605-02-C. EX OFFICIO MEMBERS

In the interest of providing representation and input from other departments and agencies that may have specific concerns with the subdivision platting and site plan or development plan review process, certain ex officio members are appointed or may be designated by the city planning and development director to assist in the review process. The following are ex officio members of the development review committee:

1.

electric utility companies serving the area involved;

2.

gas utility;

3.

telephone company;

4.

school board, or boards, as applicable;

5.

state highways and transportation department;

6.

Mid-America Regional Council (MARC);

7.

Federal Housing Administration;

8.

U.S. Army Corps of Engineers;

9.

U.S. Post Office Department; and

10.

other agencies as deemed necessary by the city planning and development director to render a full review of any proposed subdivision.

88-605-02-D. CHAIRPERSON

The city planning and development director is the chairperson of the development review committee. The chair's function is to coordinate committee activities and notify each member and developer of scheduled meetings. The chairperson must also inform the developer of recommendations by the committee and must present recommendations to the city plan commission or to the city council, as necessary.

88-605-02-E. DUTIES

1.

Copies of all proposed development plans, preliminary development plans, preliminary plats and final plats will be submitted to members of the development review committee and the necessary ex officio members approximately 10 working days in advance of the regularly scheduled meeting date. This date will be established by the secretary of the city plan commission. Each committee member may submit comments and recommendations in writing and must indicate additions to or revisions of the plat and identify problem areas to be resolved prior to filing for final plat approval.

2.

For each preliminary plat or final plat, the committee must, at that meeting, recommend either approval, approval with conditions, or disapproval. The applicant or developer will have an opportunity to comply with the recommendations of the development review committee.

(Ord. No. 120939, § 2, 12-20-2012)

88-605-03-A. ESTABLISHMENT AND PURPOSE

There is hereby established a street naming committee with the prime function of assigning names to the public and private streets.

88-605-03-B. MEMBERSHIP

The following individuals, or their designees, are members of the street naming committee:

1.

city planning and development director;

2.

public works director;

3.

parks and recreation director;

4.

fire chief;

5.

police chief.

88-605-03-C. EX OFFICIO MEMBERS

The following are ex officio members of the street naming committee:

1.

U.S. post office; and

2.

other agencies as deemed necessary by the city planning and development director to render a complete and competent review of proposed street names.

88-605-03-D. PROCEDURES

The city planning and development director is the chairperson of the street naming committee. The chair's function is to coordinate committee activities. The committee shall review requests to rename streets and report to the city council. The committee shall assign street names as part of the subdivision plat approval process. The chair must inform the developer of recommendations by the committee and must present recommendations to the city plan commission or the city council, as necessary.

88-605-03-E. HONORARY STREET NAMES

Honorary street names may be used to honor neighborhood and local leaders, community activists, and state and national figures. The following guidelines apply.

1.

CONSIDERATION OF NOMINEES

The nominating person or organization must prepare an autobiography or historical statement of the proposed recipient of the honorary street name designation. The statement should outline the historical or cultural significance of the nominated person, place, or event to the community and to the city. Attached to the autobiography or historical statement should be a map indicating where the honorary street name is being requested and additional information as to why the identified section of street is appropriate.

2.

PETITION OF SUPPORT

The nominating person or organization must include with the request package a petition of support for the proposed honorary street name. The petition must be signed by no fewer than 50 residents of the city, and must also include at least 75% of the property owners abutting that section of the street proposed to be honored. Special circumstances regarding street segment length or location, etc., will be considered by the city council on a case-by-case basis.

3.

CONSIDERATION BY THE STREET NAMING COMMITTEE

The nomination request package must be referred to the street naming committee for review. After the street naming committee reviews the application, a report discussing the validity of the petition and the anticipated costs that will be incurred to carry out the request must be prepared and submitted to the city council. The city council may act to approve or deny the application. A simple majority vote is required by city council.

4.

FINANCIAL BURDEN

The costs of fabrication and installation of the honorary signs as well as all future maintenance and replacement of the signs will be the responsibility of the nominating person or group.

5.

PLACEMENT AND DESIGN OF SIGNS

Honorary street name signs may not exceed the regulatory size of a green guide street sign. The department of public works has sole authority for the fabrication and installation of honorary street name signs in the city.

6.

TERMINATION OF AN HONORARY STREET NAME DESIGNATION

The city may choose at any time and for any reason to discontinue any honorary street name designation by approval of the city council. Should all of the signs become missing or vandalized and remain so for a period of one year with no remedy, the designation will be considered abandoned. The city will not replace or repair any honorary signs without compensation.

7. HONORARY STREET NAME AS ALIAS FOR OFFICIAL STREET NAME

The honorary street name must be logged as an alias in the city's emergency communications system and by the U.S. Postal Service for mail delivery purposes.

88-605-03-F. STREET RENAMING

Street renaming is a process to establish a new name for a street that has already been given a street name by an approved plat, by the street naming committee or by the city council.

1.

CONSIDERATION OF RE-NAMING

The city council or the Parks Board in the case of streets under their jurisdiction may initiate renaming of a street. The city planning and development director may initiate renaming only in the instance of fixing an error. A statement outlining the need to rename a street and a map indicating where the street re-naming is being requested shall be provided.

2.

CONSIDERATION BY THE STREET NAMING COMMITTEE

The application must be referred to the street naming committee for review. After the street naming committee reviews the application, a report discussing the impacts on the property owners, the anticipated costs that will be incurred to carry out the request and a recommendation must be prepared and submitted to the city council.

3.

NOTICE OF HEARING

Notice of the city council public hearing must be sent by the initiator by U.S. mail, first class at least 13 days before the date of the hearing to all property owners adjacent to the section of street proposed to be renamed, any registered neighborhood organization and/or registered civic organization whose boundaries include the subject street, and all owners of property within 300 feet of the street to be renamed. Addresses must be based on the latest available, city-maintained property ownership information. The mailed notice shall indicate the date, time and place of the public hearing, describe the requested action to be taken, indicate where to obtain additional information, and provide contact or other information sufficient for those interested to determine when the city council will hold its hearing on the re-naming.

4.

HEARING AND FINAL ACTION

Following the close of the public hearing, the city council may act to approve or deny the proposed renaming. A simple majority vote is required by city council.

(Ord. No. 150600, § A, 7-23-2015; Ord. No. 180942, § 1, 12-13-2018; Ord. No. 240351, § 1, 6-13-2024)

88-605-04-A ESTABLISHMENT

The public works standards committee is hereby established to promulgate engineering and construction specifications and standards for proper development of the city, except standards for the Water Services Department which are addressed in 88-605-05.

88-605-04-B MEMBERSHIP

The public works standards committee is composed of the following members:

1.

director of public works department who serves as chairperson and secretary;

2.

director of city planning and development;

3.

chief environmental officer;

4.

director of parks and recreation; and

5.

director of water services.

88-605-04-C POWERS AND DUTIES

The public works standards committee is responsible for:

1.

reviewing engineering standards, specifications, and design criteria for the protection of public health, safety, and welfare and proper development of the city;

2.

utilizing the Kansas City Metro chapter, American Public Works Association, Standard Specification and Design Criteria (APWA) and other standards and specifications adopted by nationally recognized and reputable organizations in evaluating and making its recommendations;

3.

taking public input before recommending adoption of any standard, specification or design criteria to be used in reviewing subdivision plat applications and constructing public improvements (exclusive of those constructed by governmental entities) associated with the development of land or any subdivision plat.

4.

making recommendations regarding adopting or amendment of the public works department's Standards and Design Criteria;

5.

fulfilling related duties assigned by the city manager.

88-605-05-A ESTABLISHMENT

The Water Services Department Standards Committee is hereby established to promulgate Water Services Department's related engineering and construction specifications and standards for proper development of the City.

88-605-05-B MEMBERSHIP

The Water Services Department Standards Committee is composed of the director of water services and four of his or her appointees.

88-605-06-A. ESTABLISHMENT AND PURPOSE

The overlay design review board is established for the purpose of reviewing applications for and recommending to the city plan commission and city council neighborhood conservation overlay districts and reviewing development applications and determining compliance with the standards and design guidelines incorporated in enabling neighborhood conservation overlay district ordinances. The overlay design review board may:

1.

evaluate applications for exterior building work, demolitions, and new construction per the guidelines and standards established for each overlay district;

2.

issue certificates of overlay design review board appropriateness and demolition; and

3.

review and make recommendations per the design guidelines and standards for zoning variances to the board of zoning adjustment.

88-605-06-B. MEMBERSHIP

1.

The overlay design review board shall consist of 5 core members plus 2 overlay district representatives from each neighborhood conservation overlay district.

2.

The mayor must appoint all members.

3.

All members serve without compensation.

88-605-06-C. TERMS

1.

Appointments must be for a term of 3 years, to expire on July 31 of the respective year, except that the core members of the first overlay design review board must serve the following terms: one for one year; 2 for 2 years; and 2 for 3 years. If appointed after commencement of the term, a member will be deemed to have served from August 1 of the respective year.

2.

All members may continue in office as such until the respective successors have been appointed and qualified.

3.

Appointing officials or bodies. The mayor must fill vacancies occurring for reasons other than the expiration of terms within 60 days of the vacancy for the period of the unexpired term.

4.

A member of the overlay design review board may be reappointed for a second term. After 2 consecutive terms or 6 years, a member is ineligible for reappointment until one calendar year has elapsed from the date of termination of their second term.

88-605-06-D. QUALIFICATION AND NOMINATION OF MEMBERS

1.

CORE MEMBERS

a.

The designated architect or a design professional serving on the historic preservation commission;

b.

Two additional members of the historic preservation commission;

c.

A member of the city plan commission;

d.

At least one person possessing a demonstrated interest in, competence in, or knowledge of urban planning.

e.

The historic preservation commission and the city plan commission may make recommendations to the mayor as to the appointment from the respective commission.

f.

Four of the five members must be residents of the city.

2.

DISTRICT REPRESENTATIVE MEMBERS

With the adoption of each overlay district, the mayor, upon recommendation of the overlay design review board, must appoint 2 representatives of that district to the overlay design review board. Representatives must be property owners, residents, tenants or business owners within the adopted district boundaries.

3.

PARK, BOULEVARD AND PARKWAY REPRESENTATION

The director of parks and recreation or designee shall serve as an ex-officio member of the board, without vote.

4.

LAPSED QUALIFICATIONS

A board member who no longer meets the qualifications for serving on the board will automatically be deemed to have resigned from the board without further action.

88-605-06-E. QUORUM, OFFICERS, MEETINGS

1.

OFFICERS

The board must elect a chair and vice-chair to serve one-year terms. The chair and vice chair must be core members.

2.

QUORUMS

a.

VOTING

1.

Core members vote on all issues to come before the overlay design review board.

2.

District representative members vote on all overlay design review board administrative issues and on those cases within the adopted boundaries of the overlay district.

b.

Recommendations for approval of an overlay district and approval of accompanying design guidelines and standards must be made by the core members.

c.

Recommendations for removal or modification of an overlay district and/or the accompanying design guidelines and standards must be made by the core members and the district representatives for the district under consideration.

d.

A majority vote of 3 core members and 1 voting district representative is required for district specific business (i.e. certificate of appropriateness, modifications to district design guidelines and standards, etc.).

e.

A majority vote is required for approval of overlay design review board administrative decisions, which include election of chair and vice-chair, election of district representatives to the nominating committee, adoptions of rules and regulations, or other matters as defined the rules and regulations.

3.

The board must establish a regular meeting time and must meet at least monthly, unless the chairperson and the city planning and development director or designee, jointly determine that there is no business requiring that a meeting take place, in which case meetings may be cancelled. The chair or a majority of the overlay design review board members may call special meetings.

4.

Board members must disclose any potential direct gain or loss that could flow from a board decision. It is recognized that most neighborhood conservation and pedestrian-oriented overlay district representatives may receive an indirect gain or loss that could flow from a board decision. Where a potential conflict of interest may be perceived but the board member has no tangible interest at stake, disclosure and affirmation of unbiased decision-making is still important. If a board member bases his or her decision on personal knowledge and expertise, it should be acknowledged in the record.

5.

The powers conferred upon the board must be exercised by resolution or motion and adopted by a majority vote of its voting members and recorded in the minutes with ayes and nays.

6.

All meetings of the overlay design review board must be in public. The chair, or in the chair's absence the vice-chair, may administer oaths and compel the attendance of witnesses. The board must keep minutes of the proceedings and reports, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and must keep complete public records of this examination and other official actions on all proceedings before the board.

88-605-06-F. POWERS AND DUTIES

The overlay design review board must hear and decide all matters referred to it or upon which it is required to pass under this zoning and development code, including but not limited to:

1.

Review and make recommendations to the city plan commission regarding the designation of overlay districts per this zoning and development code, prepare documentation supporting such nomination, and maintain a register of designated overlay districts;

2.

Approve design guidelines and standards in accordance with this zoning and development code;

3.

Review, approve, conditionally approve, or deny ordinary maintenance, new construction, alterations, removals, and demolitions as approved in the design guidelines and standards governing each district, including review of plans for vacant lots through the issuance or denial of certificates of appropriateness;

4.

Review and make recommendations to the city plan commission the termination of an overlay district;

5.

Review and make recommendations to the board of zoning adjustment regarding authorized zoning variances pursuant to 88-565 as modified by the provisions of the ordinance creating each neighborhood conservation or pedestrian-oriented overlay district; and

6.

Undertake any other activities as provided for by the city council in a duly passed ordinance.

7.

From time to time, such rules and regulations as it may deem necessary to carry out its powers and duties.

88-605-06-G. MEETING ATTENDANCE

1.

Any core member who misses 3 consecutive regular meetings or one-half of the regular meetings in a calendar year without an excuse approved by the overlay design review board will be considered to have resigned from membership on the overlay design review board. In this event, the overlay design review board must notify the appointing body so that a replacement may be appointed.

2.

Any district representative member who misses 3 consecutive meetings where business regarding their district is on the agenda will be considered to have resigned from membership on the overlay design review board. In this event, the overlay design review board must notify the appointing body so that a replacement may be appointed.

88-605-06-H. EFFECTS OF DECISIONS

Unless appealed, the determinations of the overlay design review board on certificates of overlay design review board appropriateness and certificates for demolition or removal are final. Actions taken or recommendations made by the board that are subject to the review by the city plan commission, board of parks and recreation commissioners or the city council are not binding on those bodies, and the reviewing body may decide a matter contrary to recommendations or actions of the overlay design review board.

88-605-06-I. ENFORCEMENT

1.

No building permit, license, certificate, or other approval or entitlement may be issued or given by the city or any department or employee thereof with respect to any improvement subject to design review until the design of the improvement or demolition permit has been approved as provided in the overlay enabling ordinance. No certificate of use and occupancy or similar approval may be issued or given for any improvement subject to design review hereunder, unless and until the representative of the planning division has certified that the improvement has been completed in accordance with the design approved pursuant to the enabling overlay ordinance.

2.

After a certificate of appropriateness has been issued, the city planning and development director or designee must from time to time inspect the work undertaken pursuant to the decisions of the overlay design review board.

3.

Members of the overlay design review board are encouraged to, from time to time, tour overlay districts to familiarize themselves with the features of the districts and to observe the impacts of their decisions.

4.

The overlay design review board must establish a system for taking citizen complaints with regard to possible overlay ordinance violations.

5.

The overlay design review board may file a petition with the city planning and development director requesting inspection of specific projects for compliance with the requirements of the enabling overlay ordinance or overlay design review board decisions.

6.

The city planning and development director or designated staff must provide a quarterly report to the overlay design review board concerning number and nature of complaints filed, number and nature of inspections made, number of correction notices issued and steps taken or being taken to remedy violations.

88-605-06-J. ANNUAL REPORT

The overlay design review board must provide an annual report to the city council on its activities for the past year.

(Ord. No. 150064, § A, 2-26-2015)

88-610-01-A. INTENT

In older cities such as Kansas City, many lots, uses, buildings, structures and other development features that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) have been made nonconforming by virtue of adoption of the city's first zoning ordinance in 1923 or by subsequent changes to the zoning map or to the zoning regulations themselves. Nonconformity regulations are intended to clarify the effect of this "nonconforming" status and avoid confusion with illegal buildings and uses (those established in violation of zoning regulations). The regulations of this article are also intended to:

1.

recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

2.

promote maintenance, reuse, and rehabilitation of existing buildings;

3.

place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties; and

4.

secure eventual compliance with the standards of this zoning and development code.

88-610-01-B. AUTHORITY TO CONTINUE

Any nonconformity that existed on the effective date specified in 88-10-02 or any situation that becomes nonconforming upon adoption of any amendment to this zoning and development code may be continued in accordance with the regulations of this article unless otherwise expressly stated.

88-610-01-C. NOTICE OF ZONING MAP AMENDMENTS

Within 30 days of the effective date of any zoning map amendment that creates any nonconformity, the city planning and development director must cause to be published a public notice in a daily paper of general circulation twice, on 2 successive weeks, notifying all property owners affected by such zoning map amendment, of the provisions of this article and of the requirement that an application for a certificate of legal nonconformance be filed within the one-year period set forth in this article. The city planning and development director must also mail notice (U.S. First Class) to property owners known by the city planning and development director to be rendered nonconforming by the zoning map amendment and any registered neighborhood organization and/or registered civic organization whose boundaries include property known by the city planning and development director to be rendered nonconforming by the zoning map amendment. The planning and development director must also post a copy of the public notice at a conspicuous place on the structure or land or deliver a copy of the notice to a person found at the property.

88-610-01-D. DETERMINATION OF NONCONFORMITY STATUS

1.

The burden of proving that a nonconformity exists (as opposed to a violation of this zoning and development code) rests entirely with the subject landowner. The city planning and development director is authorized to determine whether adequate proof of nonconforming status has been provided by the subject landowner.

2.

Evidence provided must be sufficient to show that the use or structure was lawfully established prior to annexation or prior to the adoption of the subject regulations and that the lawful use has been continuous and not been discontinued.

3.

The city planning and development director's decision on nonconforming status determinations may be appealed in accordance with 88-575.

88-610-01-E. CERTIFICATES OF LEGAL NONCONFORMANCE

1.

A certificate of legal nonconformance must be issued by the city planning and development director upon timely request by a property owner if the city planning and development director determines that a property that does not currently comply with the requirements of this zoning and development code is a nonconformity that was lawfully established prior to the effective date of the city's first adopted zoning ordinance (in 1923) or any amendment thereto that created the nonconformity, and that such nonconformity has not been discontinued under the terms of this article. The certificate must specify the character and extent of the nonconformance.

2.

Application for a certificate of legal nonconformance must be made within the following time restrictions or the legal nonconformance will be deemed to be discontinued:

a.

The owner of a property made nonconforming by any zoning map amendment after March 31, 1975, must apply for a certificate of legal nonconformance within one year of the date that it became nonconforming.

1.

Applications filed after one year has expired may be processed and approved if the applicant provides clear evidence that the building is the original construction, without major additions or alterations, and that it has been in continuous use for its originally intended and lawfully established purpose since it was constructed.

b.

The owner of a property made nonconforming on or before March 31, 1975 by a zoning map amendment or made nonconforming by a text amendment may apply for a certificate of legal nonconformance at any time.

3.

Appeals of the city planning and development director's decision may be taken to the Board of Zoning Adjustment by the applicant or any aggrieved party in accordance with 88-575. If no appeal is taken within 15 days of the date the decision of the city planning and development director is issued, the decision will become final and any certificate of legal nonconformance issued will establish the legality of the nonconforming structure, use, or use of open land.

a.

On appeal, the Board may waive the one year requirement in 2(a), above for a nonconforming structure or use if it finds the following:

1.

That approving the certificate will not result in a use that is out of character or incompatible with the surrounding neighborhood; and

2.

That not approving the certificate would create a hardship for the current owner of the nonconforming property.

88-610-01-F. REPAIRS AND MAINTENANCE

1.

Nonconformities must be maintained to be safe and in good repair.

2.

Incidental repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted unless otherwise expressly prohibited by this zoning and development code. No structural alterations may be made, except those allowed by 88-610.

88-610-01-G. CHANGE OF TENANCY OR OWNERSHIP

Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management.

(Ord. No. 140232, § A, 4-10-2014; Ord. No. 170360, § 1, 6-15-2017)

Nothing in this article may be interpreted as authorization for or approval of the continuance of the use of a property in violation of zoning regulations in effect at the time of the effective date of this zoning and development code or of any amendments to this zoning and development code.

88-610-03-A. DESCRIPTION

A nonconforming lot is a lawfully created lot, shown on a plat or survey map recorded in the appropriate recorder of deeds office that does not comply with the most restrictive minimum lot area or lot width standards of the zoning district in which the lot is now located.

88-610-03-B. USE OF NONCONFORMING LOTS

1.

In residential zoning districts, a nonconforming lot may be developed with a detached house.

2.

In nonresidential zoning districts, a nonconforming lot may be developed with a use allowed within the subject zoning classification. If the zoning allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area and lot width standards, while others would not, then only the uses or intensities that comply with applicable standards are permitted.

88-610-03-C. LOT CONSOLIDATION

1.

If two or more abutting lots (or portions of abutting lots), one or more of which are nonconforming, are in single ownership, the land involved will be deemed a single lot for purposes of determining compliance with lot size requirements, and no portion of the lot may be sold or used in a manner that diminishes compliance with lot size requirements.

2.

In cases where 2 or more abutting lots of record are under single ownership and are deemed a single lot as set forth in paragraph 1 above, the city planning and development director may allow re-establishment of a lot previously combined with an abutting lot in order to accommodate a detached house, provided both of the following conditions are met:

(a)

granting of the request results in compatible infill development that is in keeping with the pattern of development on the subject block; and

(b)

the lot split will not result in the creation of any lot that is less than 30 feet in width.

3.

This subsection shall not apply to infill residential lots, as defined in this zoning and development code.

88-610-03-D. DIMENSIONAL STANDARDS

Development on nonconforming lots must comply with the bulk and density standards of the subject zoning classification unless otherwise expressly stated.

(Ord. No. 220997, § 5, 1-5-2023)

88-610-04-A. DESCRIPTION

A nonconforming use is a land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with separation distance requirements are also deemed nonconforming uses.

88-610-04-B. CHANGE OF USE

1.

A nonconforming use may be changed to any other use that is allowed in the subject zoning district. Once changed to a conforming use, a nonconforming use may not be re-established.

2.

The city planning and development director is authorized to approve a use substitution allowing one nonconforming use to be changed to another use that is classified in the same use category (see 88-805) or to another functionally similar use. In order to approve a use substitution, the city planning and development director must determine that the substituted use will create no greater adverse impacts on the surrounding area than the previous use. In making such a determination, the city planning and development director must consider all of the following factors:

(a)

hours of operation,

(b)

vehicular traffic;

(c)

the number of employees and other people expected to be attracted to the use; and

(d)

other factors likely to affect the neighborhood in which it is located.

3.

All nonconforming signage for the existing use must be removed and all signage for the proposed use must conform to the underlying district in which it is located unless otherwise approved by the board of zoning adjustment.

4.

A nonconforming use of open land may not be changed to any other nonconforming use of open land.

88-610-04-C. EXPANSION OF USE

1.

Except as otherwise expressly stated, the city planning and development director is authorized to approve expansion of a nonconforming use into another part of the same building or accessory building existing at such time the non-conforming use was established through the administrative adjustment process, provided that the city planning and development director determines that such expansion:

a.

will not result in a violation of off-street parking or loading requirements;

b.

will not violate any applicable lot or building standards;

c.

will not result in greater adverse impacts on the surrounding area; and

d.

is not expressly prohibited by 88-610-04-C-2.

2.

The following nonconforming uses may not be expanded:

a.

a nonconforming use of open land; or

b.

a nonconforming industrial or manufacturing use in an R district.

88-610-04-D. LOSS OF NONCONFORMING STATUS

1.

DISCONTINUANCE

Once a nonconforming use is discontinued, its nonconforming status is lost and any subsequent use of the property must comply with the regulations of the zoning district in which it is located. When a nonconforming use of open land ceases for a period of 90 consecutive days or more, it will be considered discontinued. Other nonconforming uses will be considered discontinued when any of the following occurs:

a.

the intent of the owner to discontinue all uses in the structure is apparent;

b.

the building or structure ceases to be used in a nonconforming manner for a period of 12 consecutive months.

c.

no use has been maintained in the structure for a period of 12 months or more;

d.

a demolition permit has been applied for;

e.

all equipment and furnishings have been removed from the premises and have not been replaced by similar or other equipment and furnishings within 180 days;

f.

the use was required to obtain a certificate of legal nonconformance and did not obtain such certificate within the timeframe required; or

g.

the property has been used for illegal activities or the use has failed to comply with city ordinances or with state or federal law.

h.

The vacancy of a portion of the units in a multi-unit building will not be deemed a discontinuance of the nonconforming use of the building.

2.

NOTICE OF DISCONTINUANCE

Notice of discontinuance of certificates of legal nonconformance must be provided as follows:

a.

Upon receipt of evidence that a legal nonconformance that has a certificate of legal nonconformance has been discontinued, the city planning and development director must promptly notify the owner that an order will be issued revoking the certificate of legal nonconformance, absent proof that such nonconformance has not been discontinued.

b.

The owner of the legal nonconformance will be given a period of 30 days from the date of receipt of notice from the city planning and development director to submit evidence that the legal nonconformance was not discontinued.

c.

At the expiration of 30 days or as soon thereafter as possible, the city planning and development director must issue an order revoking or refusing to revoke the certificate of legal nonconformance. The decision of the city planning and development director is final unless appealed to the board of zoning adjustment within 15 days of the order of the city planning and development director.

d.

This notice procedure is not applicable to a nonconformity which does not have a certificate of legal nonconformance.

3.

CHANGE TO A CONFORMING USE

If a nonconforming use is changed to a conforming use, no matter how short the period of time, all nonconforming use rights are lost and reestablishment of the nonconforming use is prohibited.

4.

INTENTIONAL DESTRUCTION

When a structure containing a nonconforming use is intentionally damaged by causes within the control of the owner, re-establishment of the nonconforming use is prohibited.

5.

ACCIDENTAL DAMAGE OR DESTRUCTION

a.

When more than 50% of the volume of a structure containing a nonconforming use is destroyed or damaged the use may not be restored except in conformance with the regulations of the zoning district in which it is located.

b.

When 50% or less of the volume of a structure containing a nonconforming use is accidentally (by causes that are not within the control of the property owner or tenant) destroyed or damaged the use may be restored or repaired provided that no new nonconformities are created and that the existing nonconforming situation is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within 6 months of the date of occurrence of such damage, and once issued, construction must be diligently pursued or the nonconformity will be considered to be discontinued.

c.

The determination of the extent of damage or destruction rests with the city planning and development director, based on evidence provided by the property owner.

d.

No permit for restoration may be issued by the city planning and development director unless a certificate of legal nonconformance is presented with the request for a permit.

e.

Notwithstanding the foregoing, if a nonconforming use was lawfully established in accordance with a development plan approved by the City Council, the use may be rebuilt in accordance with said development plan.

6.

REUSE OF HISTORIC COMMERCIAL STRUCTURE

To encourage the reuse of designated landmarks, the board of zoning adjustment is authorized to approve continuance or re-establishment of the original use of a structure that is on the National Register of Historic Places or which has been locally designated as a landmark regardless of the period of discontinuance or vacancy or that has received the federal rehabilitation tax credit for buildings other than certified historic structures built before 1936 in accordance with Public Law 101-508; 26 U.S.C. 47 of the Federal Code as adopted on November 5, 1990. In approving such continuance or re-establishment, the board of zoning adjustment must follow the special use procedures of Article 88-525.

7.

REUSE OF OFFICIALLY DESIGNATED HISTORIC LANDMARK (LOCAL OR NATIONAL)

To encourage the reuse of designated landmarks, the board of zoning adjustment is authorized to approve continuance or re-establishment of the original use of a structure and signage that is on the National Register of Historic Places or which has been locally designated as a landmark regardless of the period of discontinuance or vacancy or that has received the federal rehabilitation tax credit for buildings other than certified historic structures built before 1936 in accordance with Public Law 101-508; 26 U.S.C. 47 of the Federal Code as adopted on November 5, 1990. In approving such continuance or re-establishment, the board of zoning adjustment must follow the special use procedures of 88-525.

88-610-04-E. NONCONFORMING ADULT BUSINESS USES

1.

Each of the following will be considered a unique and separate adult business: adult cabaret, adult media store (which will be considered a single use even if it also includes adult books and other printed matter); massage shop, modeling studio, bathhouse, adult motion picture theater and/or sex shop.

2.

An adult media store is a less intensive use than a sex shop. Any nonconforming sex shop use may be converted to a nonconforming adult media store use at any time with written notice provided to the city planning and development director and without any further approvals or actions required by the city. If a nonconforming sex shop use is converted to a nonconforming adult media store use, the nonconforming sex shop use may not be re-established.

3.

Except as provided in 88-610-04-E.2, when a certificate of legal nonconformance establishes a right to operate one or more adult businesses at a particular location, only the business or businesses specifically identified in the certificate of legal nonconformance is allowed and no other adult business are allowed as a nonconforming use at that particular location. The city planning and development director has no authority to authorize a change to a certificate of legal nonconformance for an adult business use except as expressly provided in this article (88-610).

4.

Certificates of legal nonconformance issued for an adult business apply to all nonconforming aspects of the adult business, including the separation requirements expressly established for adult businesses.

5.

Notwithstanding other provisions of this article (88-610), a nonconforming adult business that includes one or more nonconforming motion picture arcade booths for which there is a certificate of legal nonconformance will be allowed to relocate the motion picture arcade booths in conjunction with relocation of the principal business, subject to the following terms:

(a)

the motion picture arcade booths may be relocated only if the relocation involves all adult businesses or all aspects of the adult businesses on the premises that are nonconforming;

(b)

not more than the number of motion picture arcade booths actually shown on the certificate of legal nonconformance or proven by the applicant to be subject to the certificate of legal nonconformance in operation on the date of application for relocation may be relocated;

(c)

the motion picture arcade booths may be relocated only in conjunction with the relocation of all adult businesses or all nonconforming aspects of the adult businesses;

(d)

the location to which the motion picture arcade booths are relocated must conform in all respects to this zoning and development code as to all other aspects of the adult business, including separation and other requirements specifically applicable to the adult business that is relocating;

(e)

the relocated motion picture arcade booths must conform fully with the requirements of section 12-67 of the Code of Ordinances, including the design requirements;

(f)

after such relocation, the motion picture arcade booths will be the subject of a certificate of legal nonconformance as though they had always been at the new location, except that the certificate of legal nonconformance must, on its face, reflect the fact of the relocation and the actual history of the booths involved. Any relocation of an adult business, including motion picture arcade booths, must be approved by the city planning and development director upon receipt of a written request and such other information that the city planning and development director may request. The standards applied to the determination of approval or denial must be the conditions set forth in this subsection. Upon approval of the relocation of the adult business with the motion picture arcade booths, the certificate of legal nonconformance for the previous location will be void.

6.

No building arranged or designed for or devoted to a nonconforming adult business may be extended or enlarged or structurally altered; provided however that alterations to the roofs of structures, including roof pitches, may be approved by the city planning and development director if the alteration does not increase the floor area or usable space of the structure and that establishments with "media rooms," "preview rooms" or other spaces created as exempt from Second Committee Substitute for Ordinance No. 970827, as amended, hereinafter referred to as "Ordinance 970827" as codified at section 12-275 through section 12-283, because they were nominally designed to seat 10 or more people, have until May 1, 1999, to remove the doors from those rooms and to take other actions to bring those spaces into compliance with section 12-67(a)(1), (2) and (3). As an alternative, the establishment may replace those rooms with no more than the number of motion picture arcade booths existing in the same space prior to the passage of Ordinance No. 970827, on July 3, 1997, provided that each and every replacement motion picture arcade booth must fully conform to the requirements of this section, and particularly with section 12-67(a)(1), (2) and (3); any booths created by conversion under this section will be treated as legal nonconforming uses, as though they had existed continuously from the date of passage of Ordinance No. 970827 until passage of Second Committee Substitute for Ordinance No. 981270.

7.

Notwithstanding any other provisions of this article (88-610), an adult cabaret operating under a certificate of legal nonconformance and providing entertainment that does not comply with the provisions of Chapter 10 may convert to an adult cabaret providing entertainment that does comply with Chapter 10. At the time of such conversion, the city planning and development director may issue a new certificate that allows the expansion of the adult cabaret providing entertainment complying with the provision of Chapter 10, to include additional floor area within the confines of the structure of the existing building in which the adult cabaret is located, provided that the applicable off-street parking requirements of this zoning and development code are met, and provided that the converted adult cabaret becomes a less intensive use. Parking facilities must be in the same ownership as the lot to be served unless otherwise permitted under terms approved by the city planning and development director. The city planning and development director may approve a development plan without required on-site parking when the parking provided is consistent with solid planning principles in consideration of anticipated use, mass transit accessibility, and off-site parking availability. The parking provided on the development plan must remain available and will be the basis of a violation if not provided. Any adult cabaret that converts as above may not thereafter convert back to providing entertainment that does not comply with Chapter 10. The converted adult cabaret must comply with the following regarding signage and displays:

(a)

The facility in which such use is located is limited to one wall-mounted sign not to exceed a total of 50 square feet.

(b)

The sign may not flash, blink or move by mechanical means and may not extend above the roof line of the building.

(c)

No merchandise or pictures of products or entertainment on the premises may be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building.

(d)

No flashing lights or lighting that leaves the impression of motion or movement is permitted.

88-610-04-F. NONCONFORMING GASOLINE AND FUEL SALES

1.

Certificates of legal nonconformance issued for gasoline and fuel sales shall apply to all nonconforming aspects of the gasoline and fuel sales, including the separation requirements expressly established in 88-347.

2.

Gasoline and fuel sales operating under a certificate of legal nonconformance may expand the existing structure or construct a new structure in compliance with the design standards requirements of 88-347-B through D.

(Ord. No. 120783, § 1, 10-4-2012; Ord. No. 130441, § 1, 7-11-2013; Ord. No. 240861, § 2, 9-26-2024)

88-610-05-A. DESCRIPTION

A nonconforming structure is any building or structure, other than a sign, that was lawfully established but no longer complies with this zoning and development code. Nonconforming structures may remain, subject to the regulations of this section.

88-610-05-B. ALTERATIONS AND EXPANSIONS

Structural alterations, including enlargements and expansions, are permitted if the proposed structural alteration or expansion complies with all applicable lot and building standards. For example, a building with a nonconforming front setback may be expanded to the rear as long as such rear expansion complies with applicable rear setback standards and all other applicable lot and building standards. However, this provision would not allow a nonconforming ground floor setback to be applied to new vertical construction.

88-610-05-C. USE

A nonconforming structure may be used for any use allowed in the zoning district in which it is located.

88-610-05-D. MOVING

A nonconforming structure may be moved in whole or in part to another location on the subject parcel only if the movement or relocation eliminates or reduces the extent of nonconformity.

88-610-05-E. LOSS OF NONCONFORMING STATUS

1.

INTENTIONAL DAMAGE OR DESTRUCTION

When a nonconforming structure is intentionally destroyed or damaged by causes within the control of the property owner or tenant, all nonconforming structure rights are lost and re-construction of the nonconforming structure is prohibited.

2.

ACCIDENTAL DAMAGE OR DESTRUCTION

(a)

When more than 50% of the volume of a nonconforming structure is accidentally destroyed or damaged by causes that are not within the control of the owner or tenant, the structure may not be restored except in conformity with the regulations of the zoning district in which it is located.

(b)

When 50% or less of the volume of a nonconforming structure is accidentally destroyed or damaged by causes that are not within the control of the property owner or tenant, the structure may be restored or repaired provided that no new nonconformities are created and the existing degree of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within 6 months of the date of occurrence of such damage, and once issued, construction must be diligently pursued or the nonconformity will be considered to be discontinued.

(Ord. No. 160759, § 1, 10-20-2016)

This article applies to all provisions of this zoning and development code unless otherwise expressly stated.

The city planning and development director has primary responsibility for enforcement of this zoning and development code.

The following persons may be jointly and severally responsible for violations of this zoning and development code and subject to enforcement:

88-615-03-A. any owner of property on which a violation of this zoning and development code occurs;

88-615-03-B. any architect, engineer, builder, contractor, agent, or any other person who knowingly participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this zoning and development code; and

88-615-03-C. any tenant or occupant who has control over, or responsibility for, use or development of the subject property.

All buildings, structures and land used or developed, and all buildings and structures erected, converted, enlarged, reconstructed, moved or structurally altered, must comply with all applicable provisions of this zoning and development code. Failure to comply with applicable provisions constitutes a violation of this zoning and development code. Express violations include but are not limited to the following:

88-615-04-A. using land, buildings or structures in violation of the requirements of this zoning and development code;

88-615-04-B. erecting a building or other structure in any way not consistent with the requirements of this zoning and development code;

88-615-04-C. engaging in the development of land in any way not consistent with the requirements of this zoning and development code;

88-615-04-D. developing or subdividing land inconsistent with the standards and procedures of this zoning and development code;

88-615-04-E. subdividing, transferring or selling land before the subdivision has been approved and recorded, as provided in this zoning and development code (unless total receipts from such sale are deposited in escrow until such plat is recorded of record);

88-615-04-F. subdividing any lot or parcel of land by the use of metes and bounds description for the purpose of sale, transfer or lease with the intent of evading or circumventing the requirements of this zoning and development code;

88-615-04-G. installing or using a sign in any way not consistent with the requirements of this zoning and development code;

88-615-04-H. engaging in the use or alteration of a building, structure or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this zoning and development code without obtaining all such permits or approvals;

88-615-04-I. failing to comply with any permit or approval granted under this zoning and development code;

88-615-04-J. failing to comply with any condition imposed on a permit or approval, specifically including conditions of approval on a planned unit development, special use permit, site plan, development plan, administrative adjustment or variance;

88-615-04-K. obscuring, obstructing, removing or destroying any notice required to be posted or otherwise given under this zoning and development code;

88-615-04-L. failing to comply with any lawful order issued by an authorized city official; or

88-615-04-M. disobeying, omitting, neglecting, or refusing to comply with or resist the enforcement of any of the provisions of this zoning and development code.

88-615-05-A. APPLICABILITY

The city may use any lawful remedy or enforcement powers, expressly including those described in this section.

88-615-05-B. REMEDIES CUMULATIVE

The remedies and enforcement powers established in this zoning and development code are cumulative, and the city may exercise them in any order.

88-615-05-C. WITHHOLD PERMIT OR OTHER DEVELOPMENT AUTHORIZATION

1.

City officials may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this zoning and development code or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This provision applies regardless of whether the current property owner or applicant is responsible for the violation in question.

2.

City officials may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, develops or otherwise causes an uncorrected violation of a provision of this zoning and development code or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the city. This provision applies regardless of whether the property for which the permit or other approval is sought is the property in violation. For purposes of this section, a "person" is defined as any individual or business entity with more than a 20% interest in the subject property.

88-615-05-D. PERMITS WITH CONDITIONS

Instead of withholding or denying a permit or other authorization, city officials may grant such authorization subject to the condition that the violation be corrected by a specified time. City officials are also authorized to require adequate financial guarantees that corrective actions will be taken.

88-615-05-E. STOP WORK

1.

Whenever a structure or part of a structure is being constructed, reconstructed, altered, or repaired, or other development is occurring, in violation of this zoning and development code, the city planning and development director may order the work to be immediately stopped.

2.

The stop work order must be in writing and directed to the person doing the work.

3.

The stop work order must state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.

88-615-05-F. FORFEITURE AND CONFISCATION OF SIGNS

Any sign installed or placed on public property, except in compliance with the regulations of 88-445, will be subject to forfeiture to the public and confiscation. In addition to other remedies and penalties of this section, the city has the right to recover from the sign owner, or person who placed the sign, the full costs of sign removal and disposal.

88-615-05-G. INJUNCTIVE RELIEF

The city may seek an injunction or other equitable relief in court to stop any violation of this zoning and development code.

88-615-05-H. ABATEMENT

The city may seek a court order in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed before the violation.

88-615-05-I. REMEDIAL ACTION

Any person who violates this zoning and development code by alteration or modification of a structure to increase the number of dwelling units or living spaces within the structure, or by allowing any such alteration or modification to continue or to be used, is required to remove all fixtures, electrical and plumbing connections, furnishings, partitions and non-load bearing walls used in the violation. Failure to remove any of the foregoing constitutes a separate violation.

88-615-05-J. PENALTIES

1.

Any violation of this zoning and development code is punishable by a fine combined with court costs as follows:

(a)

For the first violation within the twelve-month period preceding the violation date, no more than $200.00;

(b)

For the second violation within the twelve-month period preceding the violation date, no more than $275.00;

(c)

For the third violation within the twelve-month period preceding the violation date, no more than $350.00;

(d)

For fourth and any subsequent violation within the twelve-month period preceding the violation date, no more than $450.00.

2.

For any violation found to endanger the health or welfare of others, fines as set forth in subsection 1 of this section, and/or a jail sentence of not more than 10 days for each and every day such violation continues.

3.

Every day that a violation continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice.

88-615-05-K. OTHER REMEDIES AND ENFORCEMENT POWERS

The city may seek such other remedies and use other enforcement powers, as allowed by law.

(Ord. No. 160607, § 1, 9-8-2016)

Nothing in this zoning and development code will be interpreted to prohibit the continuation of previous enforcement actions, undertaken by the city under previous, valid ordinances and laws.

88-615-07-A. Whenever necessary to make an inspection or to enforce any of the provisions of this zoning and development code or whenever the city planning and development director has reasonable cause to believe that a violation of this zoning and development code has occurred or is occurring, the city planning and development director may enter the building, structure or real property during normal work hours to conduct an inspection or to perform any authorized duty.

88-615-07-B. If the subject property is occupied, the city planning and development director must first present proper credentials and request and obtain permission to enter before entering a building, structure or real property. Reasonable effort must be made to locate the owner or other persons having charge or control of the property when seeking permission for entry.

88-615-07-C. If no consent has been given to enter or inspect any occupied building, structure, or real property, no entry or inspection may be made without the procurement of a warrant from a judge in the municipal division, Kansas City, 16th Judicial Circuit Court of Missouri. The court may consider the following factors in its decision:

1.

eyewitness accounts of violation;

2.

citizen complaints;

3.

tenant complaints;

4.

plain-view violations;

5.

violations apparent from city records;

6.

nature of alleged violation, the threat to life or safety and imminent risk of significant property damage; and

7.

previously unabated violations in the building or structure or on the premises.

88-615-07-D. Cause supporting issuance of a warrant is deemed to exist in light of reasonable legislative and administrative standards that show there is reason to believe that there exists a violation of the provisions of the zoning and development code.

88-615-08-A. If a written application for a search warrant under this section is filed by the city planning and development director, any police officer, deputy, or the city attorney, with the municipal division judge, stating that the authorized official has probable cause to believe there exists in a building, structure or on real property more particularly described therein, a violation of this zoning and development code, and if such complaint is verified by the oath or affirmation stating evidential facts from which such judge determines the existence of probable cause, then the judge may issue a search warrant directed to the authorized official to search the subject building, structure or real property for the purposes requested.

88-615-08-B. Such search warrant may be executed and returned only within 10 days after the date of its issuance. The official authorized to search must make a return promptly after concluding the search, and such return must contain an itemization of all violations of this zoning and development code discovered pursuant to such search.

88-615-08-C. Refusal to allow entry upon presentation of a search warrant is violation of this zoning and development code.

88-615-08-D. Execution of a search warrant issuance under this section may not be by forcible entry.

1.

PRELIMINARY PLAT

The fee for the filing of the preliminary plat shall be:

a.

For residential, a base charge of $407.00 plus $4.00 per residential unit, not to exceed $1,355.00.

b.

For applications revising an area of an approved preliminary plat, a base charge of $407.00 plus $4.00 per unit of the area to be amended, not to exceed $1,355.00.

c.

For nonresidential, a base charge of $407.00 plus $65.00 per acre or fraction thereof, not to exceed $1,355.00.

d.

For applications revising an area of an approved preliminary plat, a base charge of $407.00 plus $65.00 acre of the area to be amended, not to exceed $1,355.00.

2.

FINAL PLAT

The fee for filing the final plat shall be:

a.

For residential, a base charge of $407.00 plus $4.00 per residential unit, not to exceed $1,896.00.

b.

For nonresidential, a base charge of $407.00 plus $32.00 per acre or fraction thereof, not to exceed $1,896.00.

3.

MINOR SUBDIVISIONS

a.

LOT SPLIT

1.

For residential: $217.00 plus $3.00 per lot/unit, not to exceed $1,896.00.

2.

For nonresidential: $217.00 plus $65.00 per acre, not to exceed $1,896.00.

b.

LOT LINE ADJUSTMENT

1.

$217.00 plus $3.00 per lot, not to exceed $1,896.00.

c.

LOT CONSOLIDATIONS

1.

$217.00 plus $3.00 per lot, not to exceed $1,896.00.

d.

CONDOMINIUM PLATS

1.

$217.00 plus $3.00 per unit, not to exceed $1,896.00.

4.

STREET NAMING

The fee for filing for approval of street names shall be:

a.

$136.00 as part of plat approval process.

b.

$136.00 for honorary street name petition.

5.

RE-REVIEW OF PLATS

When plat documents require subsequent submittal(s) for review after the second submittal, and prior indicated deficiencies were not addressed in the resubmittal, a resubmittal fee shall be assessed at the time of resubmittal. This fee shall be 25% of the original filing fee for third and subsequent resubmittals. Such resubmittal fee shall not apply as a credit toward any other fees charged.

a.

Recording fee for final plat. The fee for filing the final plat shall be deposited with the office of the director of records and shall be equal to the fee required by the county in which the plat is required to be filed.

b.

The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs of the services being provided. If the costs in processing the applications fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs of processing the applications. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

(Ord. No. 120939, § 2, 12-20-2012; Ord. No. 160759, § 1, 10-20-2016; Ord. No. 170771, § 1, 2-22-2018; Ord. No. 180027, § A, 3-1-2018; Ord. No. 190240, § 1, 4-25-19; Ord. No. 220323, § A, 4-21-2022)

Certain fees are hereby established for the filing of applications to the board of zoning adjustment and the city plan commission as follows:

1.

City plan commission:

a.

For applications to rezone: $678.00.

b.

Development plan:

1.

Residential: $678.00 plus $4.00 per dwelling unit, not to exceed $3,793.00.

2.

Nonresidential: $678.00 plus $97.00 per acre or fraction thereof, not to exceed $3,793.00.

c.

Project plan:

1.

Residential: $271.00 plus $4.00 per dwelling unit.

2.

Nonresidential: $271.00 plus $97.00 per acre or fraction thereof.

d.

Major amendments:

1.

Residential: $325.00 plus $4.00 per dwelling unit, not to exceed $1,355.00.

2.

Nonresidential: $325.00 plus $97.00 per acre or fraction thereof, not to exceed $1,355.00.

e.

Urban redevelopment district:

1.

$678.00 plus $97.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,793.00.

f.

Master plan development:

1.

$678.00 plus $97.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,793.00.

g.

For approval of a council approved signage plan: $271.00.

h.

For application for special review district: $460.00.

i.

For text amendments: $542.00.

j.

For land use plan amendments: $867.00.

k.

For major street plan amendments: $433.00.

l.

For applications for appeal from the decision of the director of city planning and development: $542.00.

m.

For neighborhood rezoning projects and overlay districts:

from 0-200 parcels/lots .....$2,709.00.

from 201-500 parcels/lots .....$4,876.00.

from 501+ parcels/lots .....$5,960.00.

n.

Vacation of alleys, streets, and plats: $303.00.

o.

For all other applications: $651.00.

2.

Board of zoning adjustment:

a.

For applications for variances involving the following uses:

1.

Detached house and semi-attached house and accessory uses: $271.00.

2.

All other uses: $542.00.

b.

For applications for appeal from the decision of the director of city planning and development: $542.00.

c.

For applications for rehearing before the board of zoning adjustment: $271.00.

d.

Certificates of legal nonconformance: For all applications for certificate of legal nonconformance, there shall be a charge of $136.00 for applications related to detached houses and semi-attached houses and $325.00 for all other applications. For all requests for approval of a change in use for an existing legal nonconforming use pursuant to 88-610 there shall be a charge of $54.00 for requests related to detached houses and semi-attached houses and $189.00 for all other requests.

e.

For applications for all other requests: $407.00.

f.

For stay of enforcement: $433.00.

g.

Special use permits:

1.

Ambulance service: $894.00.

2.

Bed & breakfast: $623.00.

3.

Blood/plasma center: $867.00.

4.

Car wash/cleaning service: $894.00.

5.

Cemetery/columbarium/mausoleum: $894.00.

6.

Check-cashing, short-term loan/title loan establishment: $1,571.00.

7.

College/university: $894.00.

8.

Community center: $407.00.

9.

Community supported agriculture: $105.00.

10.

Crematory: $894.00.

11.

Day care (home & family): $623.00.

12.

Day care (11-20 children) (group): $623.00.

13.

Day care center (21+): $867.00.

14.

Day labor employment agency: $867.00.

15.

Demolition debris landfill: $1,571.00.

16.

Detention and correctional facilities: $1,571.00.

17.

Drive-thru facility: $894.00.

18.

Entertainment venue and spectator sports: $894.00.

19.

Entertainment venue and spectator sports: small venue (1—149 capacity): $487.00.

20.

Entertainment venue and spectator sports: medium venue (150—499 capacity): $894.00.

21.

Entertainment venue and spectator sports: large venue (500+ capacity): $1,571.00.

22.

Entertainment venue and spectator sports: outdoor (all sizes): $1,571.00.

23.

Financial services (except check-cashing and pawn shops): $867.00.

24.

Gasoline and fuel sales: $894.00.

25.

Group living: $623.00.

26.

Heavy equipment sales/rental: $894.00.

27.

Historic landmark (reuse of officially designated historic landmark, local or national): $271.00.

28.

Hospital: $894.00.

29.

Hotel/motel: $894.00.

30.

Household living: $894.00.

31.

Junk/salvage yard: $1,571.00.

32.

Library/museum/cultural exhibit: $407.00.

33.

Light equipment sales/rental (indoor): $894.00.

34.

Light equipment sales/rental (outdoor): $1,571.00.

35.

Manufacturing, production, and industrial service - limited: $1,571.00.

36.

Manufacturing, production, and industrial service - general: $1,571.00.

37.

Mining and quarrying: $1,571.00.

38.

Motor vehicle repair limited: $894.00.

39.

Motor vehicle repair general: $894.00.

40.

Neighborhood-serving retail: $894.00.

41.

Nursing homes: $867.00.

42.

Office, administrative, professional or general: $894.00.

43.

Park/recreation: $487.00.

44.

Parking, non-accessory: $894.00.

45.

Pawn shops: $1,571.00.

46.

Recreation vehicle park: $1,571.00.

47.

Recycling service - limited: $1,571.00.

48.

Recycling service - general: $1,571.00.

49.

Religious assembly: $407.00.

50.

Repair or laundry service, consumer: $894.00.

51.

Residential storage warehouse: $894.00.

52.

Safety service (except for police and fire stations $894.00.

53.

School: $407.00.

54.

Signs: $353.00.

55.

Solid waste separation facility: $1,571.00.

56.

Sports and recreation, participant (indoor): $894.00.

57.

Sports and recreation, participant (outdoor): $1,571.00.

58.

Stable: $867.00.

59.

Tavern or nightclub: $894.00.

60.

Transfer station: $1,571.00.

61.

Undertaking: $894.00.

62.

Utilities and services (except basic, minor): $894.00.

63.

Vehicle sales and service: $894.00.

64.

Vehicle storage/towing: $1,571.00.

65.

Warehousing, wholesaling, freight movement-indoor: $894.00.

66.

Warehousing, wholesaling, freight movement-outdoor: $1,571.00.

67.

Waste related use: $1,571.00.

68.

All other uses: $894.00.

3.

Administrative fees:

A.

Minor amendment to an approved development plan:

1.

Residential: $244.00 plus $4.00 per dwelling unit, not to exceed $678.00.

2.

Nonresidential: $244.00 plus $97.00 per acre or fraction thereof, not to exceed $678.00.

B.

Administrative adjustment: $271.00.

C.

Administrative approval: $271.00.

D.

For any request for continuance by the applicant: $136.00.

E.

Short term rental:

1.

Administrative approval: $271.00

2.

Special use permit: $623.00

3.

First year registration: $288.00 (if administrative approval or special use permit not required, as those fees include first year registration)

4.

Annual renewal of registration: $183.00

4.

The city plan commission and the board of zoning adjustment shall have the authority to waive the fees set out in this subsection in the interests of justice.

5.

Transcripts on appeal to circuit court. Transcripts, necessary upon appeal to the circuit court, shall be furnished by the appellant. These may be obtained, upon payment of the current charge, from the reporting service employed by the board of zoning adjustment to take testimony given at the public hearing. The board may waive the transcription costs where it is determined that the appellant is unable to pay the costs. The cost of the transcript will be refunded to the appellant if the appellate court orders such refund upon judgment.

6.

The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs of the services being provided. If the costs in processing the applications fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs of processing the applications. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

(Ord. No. 120939, § 2, 12-20-2012; Ord. No. 150313, § A, 4-30-2015; Ord. No. 160341, § 1, 5-12-2016; Ord. No. 160759, § 1, 10-20-2016; Ord. No. 170771, § 1, 2-22-2018; Ord. No. 170911, § B, 1-18-2018; Ord. No. 180027, § A, 3-1-2018; Ord. No. 190240, § 1, 4-25-2019; Ord. No. 190566, § B, 7-18-2019; Ord. No. 220323, § A, 4-21-2022; Ord. No. 220398, § 1, 5-19-2022)