Kearney City Zoning Code
ARTICLE IV
Procedures For Approval of Rezonings, Conditional Uses and Site Development Plans
Section 405.110 Authority To File Applications.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Zoning Text Amendment. Application for a zoning text amendment may only be initiated by the Board of Aldermen or Planning and Zoning Commission.
B.
Zoning Map Amendment (Rezoning). Application for a zoning map amendment or change in zoning may be initiated by the Board of Aldermen, Planning and Zoning Commission and the owner or authorized agent of the property affected.
C.
Conditional Use. Application for a conditional use may be initiated by the Board of Aldermen, Planning and Zoning Commission and the owner of the property affected.
D.
Planned District Concept Plan. Application for a concept plan may only be filed by the owner of property or their authorized agent when a zoning map amendment application for a Planned District is filed.
E.
Site Plan. Application for a site plan may only be filed by the owner of property or their authorized agent.
Section 405.115 General Provisions..
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Application Submission. An application for a zoning map amendment or change in zoning and conditional use shall be made to the Planning and Zoning Commission upon appropriate forms available from the Community Development Department and shall include a list of names and addresses of all property owners within one hundred eighty-five (185) feet of the rezoning area. Such application shall be made at least twenty (20) days prior to a regularly scheduled Planning and Zoning Commission meeting, unless the submission deadlines adopted by the Planning and Zoning Commission contain different time periods.
B.
Proof Of Ownership And/Or Authorized Agent. Where an application provided for in this Article has been filed by a landowner or authorized agent, an affidavit of ownership or control of the land wholly contained within the application, or authorizing an agent to submit an application on behalf of the owner, shall be submitted to the Community Development Department.
C.
Pre-Application Conference. Prior to filing an application provided for in this Article, a pre-application meeting shall be required between the applicant and the Community Development Director or his/her authorized representative, unless waived by said Director. The purpose of this meeting is to provide an opportunity to receive advice and assistance of the City staff and shall not constitute a formal application. The meeting is for informational purposes only and is not a substitute for a complete reading by the applicant of all applicable regulations, or is it to be considered as any indication of approval or disapproval by the Community Development Director. The meeting may include a discussion of technical studies, concept plans, site plans, landscape plans, development standards and other information deemed relevant. A discussion on anticipated level of citizen interest and notification requirements shall also be included.
D.
Complete Applications Required. No application shall be deemed complete until all items required to be submitted in support of an application have been submitted subject to the provisions of this Article. If the Community Development Director or his/her authorized representative determines that the application is incomplete, the Director shall return the application to the applicant as incomplete and identify how the application is deficient with a written explanation of his/her determination. The applicant may re-apply or may appeal the determination to the Board of Adjustment.
E.
Concurrent Review. The applicant may request, subject to the Community Development Director's approval, concurrent processing and review of various development applications.
F.
Community Development Director Review. The Community Development Director may distribute the application and other submittal to City divisions and departments and to other appropriate City, County and State agencies to solicit comments and ensure that the proposal complies with all applicable standards and requirements.
G.
Submission Of Technical Studies. The Community Development Director, Planning and Zoning Commission or Board of Aldermen may require applicants for rezonings, conditional uses, concept plan and a site plan to submit technical studies as may be necessary to enable the Planning and Zoning Commission or Board of Aldermen to evaluate the application. Examples of technical studies that may be required shall include, but are not limited to, traffic studies, engineering studies, geologic or hydrologic studies, environmental impact assessments, noise studies, market demand studies and economic impact reports.
The persons or firms preparing the studies shall be subject to the approval of the City Administrator and/or Community Development Director. The costs of all studies shall be borne by the applicant.
H.
Planning And Zoning Commission And Board Of Aldermen Public Hearing.
1.
All proposed zoning map amendments, conditional uses and concept plans as part of a planned district shall first be submitted to the Planning and Zoning Commission for recommendation and report and no amendment or change shall be made without a public hearing before the Planning and Zoning Commission. The Planning and Zoning Commission shall cause an accurate written summary to be made of the proceedings.
2.
Public notice of such hearing shall be published by the Community Development Department not more than fifteen (15) days and not less than five (5) days prior to the date of said hearing in a newspaper of general circulation legally authorized to publish such notices, and notification letters shall be mailed to all property owners within one hundred eighty-five (185) feet of the proposed rezoning area. Said notices shall notify the public that such hearing will take place, fix the time and place for the hearing; describe the nature of the application which will be presented; and state that the public may attend and be heard. When the proposed changes is not a general revision of an existing ordinance and will affect specific property, such property shall also be designated by legal description. Proof of publication of such notice shall be filed with the Planning and Zoning Commission in advance of said hearing by the Community Development Department who is responsible for such publications.
3.
After the public hearing before the Planning and Zoning Commission, the Commission shall approve, approve subject to modifications or deny the same and a report of such action, together with a recommendation for final approval or denial, shall be made by the Planning and Zoning Commission to the Board of Aldermen.
4.
No zoning map amendment or change, conditional use or concept plan shall be authorized without a public hearing before the Board of Aldermen. The procedures described above in Section 405.115(H)(2) shall be followed. The Board of Aldermen shall cause an accurate written summary to be made of the proceedings.
I.
Protest Petition. In case a protest against a zoning map amendment or conditional use is presented, duly signed and acknowledged (properly notarized) by the owners of thirty percent (30%) or more, either of the areas of land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all members of the Board of Aldermen.
J.
Conditions Attached To Rezonings, Conditional Uses, Concept Plans And Site Plans. The Planning and Zoning Commission may recommend, and the Board of Aldermen may adopt, a zoning amendment, conditional use, concept plan and a site plan with conditions attached. The City may impose reasonable conditions on the approval of a conditional use permit. Such conditions may include a provision approving a conditional use permit limited to an individual property owner or owners alone or a provision approving a conditional use permit for a specific period of time
K.
Time Of Performance In Rezoning.
1.
In cases where the Planning and Zoning Commission and Board of Aldermen deem that time of development is a critical factor in protecting the public welfare in a rezoning action, a time of performance may be included in the rezoning ordinance. Such time allowed for performance shall be reasonable. Such time shall be not less than three (3) years from the date of publication of the rezoning ordinance for all rezonings into districts in which single-family dwellings are allowed and not less than two (2) years from the date of publication of the rezoning ordinance for all rezonings into districts in which single-family dwellings are not allowed. Such ordinance shall clearly state what constitutes performance in each case.
2.
If, at the termination of such stipulated period of time, performance as required has not occurred, the Planning and Zoning Commission may, within reasonable time thereafter, publish notice and conduct a public hearing for purposes of determining whether or not a change in zoning to a more restrictive district would, at that time, be in the public interest. The owner of the property in question shall be notified by registered mail of the proposed hearing not less than fifteen (15) days prior to the date of the hearing. Other notification and posting as required in this Section shall be performed by the City and all proceedings shall be the same as for other rezoning actions.
3.
It shall be the purpose of this hearing to hear the owner and other interested parties and make a determination as to which of the following actions would be recommended to the Board of Aldermen:
4.
After the public hearing, the Planning and Zoning Commission shall forward its recommendation to the Board of Aldermen. The Board of Aldermen will then act to approve or disapprove the recommended action consistent with these regulations.
L.
Limitation On Land Use. The Planning and Zoning Commission and the Board of Aldermen may, in the process of rezoning land, limit the use of the land to one (1) specific use permitted in the district to which the land is rezoned.
M.
Fees. A fee, in the amount set by the Board of Aldermen, shall accompany all applications. The amount of such fee shall also reimburse the City for the cost of publication notice and notification mailings to surrounding property owners for which the City agrees to take responsibility.
N.
Limitations On Reapplication For Amendments.
1.
Whenever any application has been made under this Article and the application has been denied by the Board of Aldermen or withdrawn after it has been advertised for public hearing, such application or one substantially similar shall not be reconsidered for the same property sooner than six (6) months after the previous denial or from the date the application was withdrawn.
2.
The Board of Aldermen may waive the limitation in this Section for good cause if there is a substantial change in the original application. All requests for an exemption from this Section shall be submitted to the Board of Aldermen fifteen (15) days prior to a regularly scheduled meeting of the Board of Aldermen and shall be included on the agenda for that meeting as an agenda item. If the Board of Aldermen determines that the application constitutes a substantial change from the original application, the item will be advertised and public hearing will be held at the next regularly scheduled meeting of the Planning and Zoning Commission.
O.
Vested Rights. A landowner's rights shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment or change to a zoning ordinance, a permit or site plan when the landowner:
1.
Obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project.
2.
Relies in good faith on the significant affirmative governmental act.
3.
Incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.
P.
Development Agreements. Whenever it deems necessary, the Board of Aldermen may direct the City Manager and City Attorney, with the continuing participation of the Board of Aldermen or a committee thereof, to enter into discussions and negotiations with a private party to propose a developer agreement to effectuate any purpose or goal set forth in this Unified Development Ordinance or the Kearney City Comprehensive Plan.
Section 405.120 Criteria For Review of Zoning Map Amendment.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
The Planning and Zoning Commission and Board of Aldermen shall consider each of the following criteria when reviewing a zoning map amendment.
1.
The existing uses of the subject property and uses of adjacent and near properties.
2.
The current zoning of the subject property and adjacent or nearby properties.
3.
The extent to which the property values are diminished by the present zoning restrictions.
4.
The extent to which the restrictions diminishing property values promote the health, safety, morals or general welfare of the public.
5.
The relative gain to the public compared to the extent of hardship imposed upon the individual property owner.
6.
The suitability of the subject property considered under the proposed zoning classification.
7.
The history of the use of the subject property considered in the context of land development in the vicinity of the property.
8.
The conformity with the Kearney Comprehensive Plan or other planning documents.
9.
The capacity to provide adequate public services, facilities and utilities to accommodate the proposed development.
10.
The extent to which appropriate transportation design and access is provided given existing and planned roadway capacity.
11.
The extent to which the rezoning will not result in adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated.
Section 405.125 Criteria For Review of Conditional Uses.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008; Ord. No. 1599-2024, 11-18-2024]
A.
The Planning and Zoning Commission and Board of Aldermen shall consider each of the following criteria when reviewing a conditional use permit.
1.
The location and size of the proposed use in relation to the site and to adjacent sites and uses of property, and the nature and intensity of land use and operations proposed.
2.
Accessibility of the property to police, fire, refuse collection and other municipal services.
3.
Adequacy of ingress and egress to and within the site; traffic flow and control; and the adequacy of the off-street parking and loading areas.
4.
Utilities and services, including water, sewer, drainage, gas and electricity, with particular reference to location, availability, capacity and compatibility.
5.
The location, nature and height of buildings, walls, fences and other improvements; their relation to adjacent property and uses; and the need for buffering or screening.
6.
The adequacy of required yard and open space requirements and sign provisions.
7.
The general compatibility with adjacent properties; other properties in the neighborhood; and the safety, health, comfort and general welfare of the community. Conservation of property values.
8.
The consistency of the proposed use with the Kearney Comprehensive Plan or other planning documents and provision for orderly and proper renewal, development and growth.
9.
Conservation of property values; promotion of the safety of individuals and property; provision of adequate light and air.
10.
Invasion of inappropriate uses and the value, type and character of existing or authorized improvements and land uses.
B.
The Board of Aldermen may authorize by ordinance, under prescribed conditions, the construction or undertaking of any conditional use that is expressly permitted as a conditional use in a particular zoning district; however, the City reserves full authority to deny any request for a conditional use, to impose conditions on the use or to revoke approval at any time, upon a finding that the permitted conditional use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the use.
Section 405.130 Continuance and Period of Validity of Conditional Use Permit.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Continuance. A conditional use permit shall be allowed to continue, unless specified otherwise as a condition of its authorization, as long as all conditions placed on it are met; however, if after a public hearing the City finds that particular use ceases to exist for a period of six (6) months or if the use is no longer in compliance with the conditions placed upon such conditional use permit by the Planning and Zoning Commission and/or the Board of Aldermen, the property forfeits its conditional use permit and will not be allowed to exist again unless a new application is made, a public hearing held as provided for in these regulations and a new conditional use permit approved.
B.
Period Of Validity. The approval of a conditional use shall lapse and become void unless the applicant shall apply for a building permit within two (2) years of the date of approval by the Planning and Zoning Commission. Upon the written request of the property owner and for good cause shown, the Planning and Zoning Commission may grant a one (1) year extension.
Section 405.135 Rezoning To Planned Zoning District.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Purpose. The provisions of this Section establish special procedures for approving a "concept plan" for planned zoning districts. The procedures are in recognition of the fact that traditional density, bulk, spacing and use regulations may impose inappropriate and rigid restrictions upon the development of parcels or areas which lend themselves to a unified, planned approach.
B.
Concept Plan Submission Requirements.
1.
Purpose and effect. An application for rezoning to a Planned District shall include a concept plan and such additional information as the applicant may deem necessary to provide a detailed understanding of the proposed planned development. Although it is unnecessary to become involved in the preparation of engineering drawings at this stage, the concept plan must be sufficiently detailed to be judged for its superiority to other forms of development or other zoning districts.
2.
Contents of concept plan. At a minimum, a concept plan shall include the following general information:
a.
Ten (10) copies of the concept plan must be submitted to the Community Development Department at least thirty (30) working days in advance of a scheduled Planning and Zoning Commission meeting. One (1) copy shall be made available for public inspection at least fourteen (14) days in advance of a public hearing.
b.
All copies of concept plans must be submitted on superior quality paper in a twenty-four (24) by thirty-six (36) inch format (or a format specified by the Community Development Director). The scale shall be a professionally acceptable standard suitable to the area of the purposed project.
c.
Unless otherwise specified, each concept plan shall contain the following information:
(1)
Project title.
(2)
Plan creation and revision dates.
(3)
Name and address of owner and developer.
(4)
Name and address of the registered engineer, architect, surveyor or landscape architect responsible for preparing the concept plan.
(5)
North arrow and graphic scale.
(6)
Names of abutting developments and landowners.
(7)
Topography at reasonable intervals.
d.
Uses proposed, in general categories.
e.
Intensity or density of uses proposed.
f.
Existing and proposed open space to achieve an appropriate transition between land uses and densities and to protect adjoining properties from adverse effects.
g.
Existing and proposed landscape plantings, buffer areas and conservation easements.
h.
Existing and proposed development areas with a conceptual layout of lots (for all developments) and buildings (for multi-family residential, mixed-use and non-residential development).
i.
Existing and proposed street, ingress and egress to the project and pedestrian networks.
j.
Existing and proposed utilities and public services.
k.
Existing 100-year floodplain boundary location.
l.
Existing wells and cemeteries.
m.
Conceptual building elevations.
n.
Conceptual design of signs.
o.
Phasing schedule for proposed construction and improvements.
p.
Additional information. Depending upon circumstances, the City Administrator and/or Community Development Director, on behalf of the Board of Aldermen and/or Planning and Zoning Commission, may require additional information regarding, but not limited to, the following:
(1)
Conceptual stormwater management plan prepared by a licensed professional engineer, showing techniques to control runoff including, but not limited to, natural overland flow, open channels, swales, retention or detention basins.
All development shall control any stormwater drainage which occurs off the property according to adopted City standards which are currently "Storm Drainage Systems and Facilities of Division V, Design Criteria of the Kansas City Metropolitan Article of the American Public Works Association (APWA)".
(2)
Traffic impact study for large developments or for those in heavy traffic areas. The specific purpose of these studies is to:
(3)
Information concerning hazardous materials or other environmental impacts.
(4)
Survey showing the physical features of the property, including contours at vertical intervals of not more than five (5) feet where the slope is greater than ten percent (10%) and not more than two (2) feet where the slope is less than ten percent (10%) and ten (10) foot intervals for non-residential uses. Elevations shall be marked on such contours based on the existing datum plane established by the U.S. Coast and Geodetic Survey. Bench mark elevations used shall be described on the plan.
C.
Planning And Zoning Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing as required in Section 405.115(H). Following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the Board of Aldermen its recommendations that the concept plan either be approved, be approved subject to modifications, or not be approved. In considering the concept plan and formulating its recommendation, the Planning and Zoning Commission shall be guided by, and shall in its report specifically address, the considerations of the Planned Development District, Section 405.170, General Site Design Standards, and any other relevant provisions of this Unified Development Code, and the Kearney Comprehensive Plan.
D.
Board Of Aldermen Approval. Following receipt of the report of the Planning and Zoning Commission, the Board of Aldermen shall hold a public hearing as specified in Section 405.115(H) and shall either refuse to approve the concept plan; shall refer it back to the Planning and Zoning Commission for further consideration of specified matters; or shall, by ordinance duly adopted, approve the concept plan, with or without modifications, to be accepted by the applicant as a condition of such approval. If such plan is approved with modifications, the approval shall not be considered final until the applicant has filed and the Board of Aldermen has accepted the applicant's written consent to, and confirmation of, such modifications.
E.
Concurrent Approvals. At the applicant's option, an application for site plan and/or preliminary subdivision plat approval may be submitted in conjunction with an application for a rezoning to a Planned District. In such case, the applications shall be reviewed together pursuant to their respective standards, the time limits for rezoning shall apply to the joint application and no approval of a site plan or preliminary subdivision plat shall be effective unless and until the application for rezoning to planned development has been approved by the Board of Aldermen. The application for site plan and/or subdivision approval may be for the entire planned development site or for a phase thereof which is consistent with the phasing plan ultimately adopted by the Board of Aldermen.
F.
Building And Other Permits. After approval of a concept plan and other required approvals and upon application by the applicant, appropriate City Officials may issue building permits for construction and other work in the area encompassed by the approved concept plan. No such permit shall be issued unless the City is satisfied that the requirements of all applicable codes or ordinances have been satisfied.
G.
Amendments To Concept Plan.
1.
Minor change. Any proposed change or changes to an approved concept plan which meets the following criteria shall be considered a minor change and may be permitted if approved by the Community Development Director.
a.
Decreases by five percent (5%) or less of the area approved for public and private open space.
b.
Relocates or modifies approved circulation elements as a result of more detailed engineering or changes requested by staff, unless the change would decrease the ability of such elements to function efficiently, adversely affect their relation to surrounding lands and circulation elements or would reduce their effectiveness as buffers or amenities.
2.
Special exception change. The following change or changes to an approved development plan may be made by special exception approved by the Board of Aldermen.
a.
Increases by five percent (5%) or less of the total number of units to be devoted to any specified residential or non-residential use.
b.
Increases by five percent (5%) or less of the total floor area to be devoted to any specified non-residential use.
c.
The arrangement of specified land uses and/or structures within the planned development.
3.
Major change. Other than the minor amendments authorized above, if an approved concept plan is amended, varied or altered, such change shall be reviewed pursuant to the procedures established by this Section for its original approval.
The minimum submission requirements for changes to an approved concept plan shall be the same for either a new or an amended plan. Changes being made may be shown only for those areas affected, not the entire concept plan.
Section 405.140 Site Plan Requirements.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Purpose. The provisions contained in this Section are established to ensure the safe and efficient movement of traffic, promote the development of a harmonious and well-ordered community, further the goals and objectives of the Kearney Comprehensive Plan and best serve the interest of public health, safety and general welfare.
B.
Section Overview. A site plan application shall be submitted at the time or prior to when a property owner submits an application for a building permit. The site plan allows the office of Community Development, Planning and Zoning Commission and Board of Aldermen to ensure that new construction is in accordance with an approved concept plan and is consistent with the provisions of the Unified Development Code. Site plan approval is required prior to the issuance of a building permit.
C.
Types Of Site Plan Review. A three (3) tier site plan review process is incorporated into the UDC. The first (1st) tier of site plan review involves a review and approval by the Planning and Zoning Commission and Board of Aldermen and is referenced as a major site plan review. The second (2nd) tier involves a review by the Planning and Zoning Commission and is referenced as a minor site plan review. The third (3rd) tier involves an administrative staff review and is referenced as a staff level site plan review.
D.
Site Plan Required. Table 1 shows the three (3) tiers of site plan reviews and identifies the types of development, structures, land uses or construction activities when a site plan submission is required.
TABLE 1. IDENTIFICATION OF LAND USE AND CONSTRUCTION ACTIVITIES WHEN SITE PLAN REVIEW REQUIRED | ||
|---|---|---|
Major Site Plan Review | Minor Site Plan Review | Staff Level Site Plan Review |
All uses in the commercial districts. | New pole signs where none existed prior. | Tenant exterior refinishes in established shopping centers, provided that it is in keeping with any approved site plan of record for the shopping center. |
All uses in the industrial districts. | Exterior refinishes and repainting in the original town. | On sites with a site plan of record, additions and accessory buildings under five thousand (5,000) square feet and less than fifty percent (50%) of the existing square footage of buildings on site plan approved by Planning and Zoning Commission. |
All nonresidential uses in the "R-R", Rural Residential District. | Conversion from one commercial use to another provided no drastic facade changes are made. | |
All permitted and conditional uses in the residential districts, except for single-family structures and two-family dwellings and accessory uses. | Any fence in a commercial or industrial district. | |
Any addition to the building or major facade change to any building that does not have an approved site plan of record. | New wall signs and/or monument signs where none existed prior. | |
For sites with a site plan of record, any addition or accessory building over 5,000 sq. ft. or over 50% of the existing square footage of the buildings on a site plan approved by the Planning and Zoning Commission. | Hard surfacing of existing gravel parking provided no new ingress/egress site is under one-half (½) acre and no known drainage problems exist. | |
Any use conversion (e.g. converting a legal non-conforming single-family home to a commercial use. | New hard surfacing under one-half (½) acre. | |
New hard surfacing over one-half (½) acre or cumulative additions that exceed one-half (½) acre. | ||
New Drive-Through/Motor Vehicle Orientated Business (MVOB). | ||
Any major facade change. All public buildings and institutions. | ||
Above-ground structures associated with a public utility, utility substation, water or sewer pumping station, water or sewer treatment facility or commercial communication tower. | ||
E.
Site Plan Exceptions.
1.
New one- and two-family structures. An application for single-family and duplex building permits shall include a plot plan of the site to be built upon. The plot plan shall be sealed by a land surveyor licensed in the State of Missouri. See Section 405.090 Permits (C)(2)(b)(1) for plot plan submission requirements.
F.
Site Plan Submission Requirements. The requirements for submission of site plan shall include the following: Note these submission requirements apply to major, minor and staff level site plan applications.
1.
An approved concept plan when located in a Planned Zoning District.
2.
Three (3) copies of the site plan must be submitted to the Community Development Department.
3.
All copies of site plans must be submitted on superior quality paper in a twenty-four (24) by thirty-six (36) inch format (or other similar format specified by the Community Development Director). The scale shall be a professionally acceptable standard suitable to the area of the purposed project. In addition, ten (10) sets of reduced site plans must be submitted in an eleven (11) by seventeen (17) inch format.
4.
Unless otherwise specified, each site plan shall contain the following information:
a.
Project title.
b.
Plan creation and revision dates.
c.
Name and address of owner and developer.
d.
Name and address of the registered engineer, architect, surveyor or landscape architect responsible for preparing the site plan.
e.
North arrow and graphic scale.
f.
Names of abutting developments and landowners.
5.
Property line bearings, distances and corners.
6.
Public rights-of-way.
7.
Easements and encroachments (location, dimensions, purpose).
8.
100-year floodplain, if applicable.
9.
Building footprint, dimensions, orientation and finished grade elevation.
10.
Contours and spot elevations at appropriate contour interval.
11.
Streets and roads (labeled).
12.
Sanitary sewer utility location, including manholes.
13.
Water utility location, including hydrants.
14.
Curb and gutter and sidewalks.
15.
Ditches, catch basins, stormwater detention or retention and drainage channels.
16.
Fences, walls and exterior lighting.
17.
Outside storage areas, refuse disposal and service areas.
18.
Parking lot location, shape, dimensions and capacities, including aisles, curbing, surface type, driveways and curb cuts.
19.
Loading and service area location, dimensions and capacities, including aisles, curbing, surface type, driveways and curb cuts.
22.
The Planning and Zoning Commission, in its discretion, may require a survey showing the physical features of the property, including contours at vertical intervals of not more than five (5) feet where the slope is greater than ten percent (10%) and not more than two (2) feet where the slope is less than ten percent (10%) and ten (10) foot intervals for non-residential uses. Elevations shall be marked on such contours based on the existing datum plane established by the U.S. Coast and Geodetic Survey. Bench mark elevations used shall be described on the plan.
Section 405.145 Major Site Plan.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Major Site Plan Review Procedure. Site plans subject to major site plan review shall be reviewed by the Planning and Zoning Commission and Board of Aldermen. In their review of a major site plan, the Planning and Zoning Commission and Board of Aldermen shall follow Article XXIV, Site Development Standards.
B.
Required Submissions.
1.
Upon application to the Community Development Department for a building permit, the applicant shall submit a complete set of site plans. See Section 405.140(F), Site Plan Submission Requirements.
2.
If the Community Development Department finds the submission to be incomplete (i.e., contains insufficient information to render a decision on the plans), the Community Development Department shall notify the applicant of the information required for a complete submission or shall reject the application.
C.
Referral To Planning And Zoning Commission. The Community Development Department shall, within thirty (30) days of receipt of a complete submission, submit said plans, together with the staff report, to the Planning and Zoning Commission.
D.
Action By Planning And Zoning Commission. The Planning and Zoning Commission shall, within forty-five (45) days of receipt of said site plans and report from the Community Development Department, review and approve, approve with conditions or deny applications for major site plan approval at a public meeting. All interested persons shall have the right to appear and speak concerning the application.
E.
Action By Board Of Aldermen. The Board of Aldermen shall review and approve, approve with conditions or deny applications for major site plan approval at the first (1st) available public meeting after action by the Planning and Zoning Commission. All interested persons shall have the right to appear and speak concerning the application.
F.
Action By Community Development Director. The Community Development Director shall review the approved site plan for each phase or all of the development prior to the issuance of a building permit by the Building Inspector. If the property is not to be developed as indicated by the site plan or any approved amendments, the Community Development Director shall refuse to sign off on any building permit. The building permit applicant, in case of denial of a building permit, may appeal the action to the Board of Adjustment as provided by this UDC.
Section 405.150 Minor Site Plans.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Minor Site Plan Review Procedure. Site plans subject to minor site plan review shall be reviewed by the Planning and Zoning Commission. In their review of a minor site plan, the Planning and Zoning Commission shall follow Article XXIV, Site Development Standards.
B.
Required Submissions.
1.
Upon application to the Community Development Department for a building permit, the applicant shall submit a complete set of site plans. See Section 405.140(F), Site Plan Submission Requirements.
2.
If the Community Development Department finds the submission to be incomplete (i.e., contains insufficient information to render a decision on the plans), the Community Development Department shall notify the applicant of the information required for a complete submission or shall reject the application.
C.
Referral To Planning And Zoning Commission. The Community Development Department shall, within thirty (30) days of receipt of a complete submission, submit said plans, together with the staff report, to the Planning and Zoning Commission.
D.
Action By Planning And Zoning Commission. The Planning and Zoning Commission shall, within forty-five (45) days of receipt of said site plans and report from the Community Development Department, review and approve, approve with conditions or deny applications for major site plan approval at a public meeting. All interested persons shall have the right to appear and speak concerning the application.
E.
Action By Community Development Director. The Community Development Director shall review the approved site plan for each phase or all of the development prior to issuance of a building permit by the Building Inspector. If the property is not to be developed as indicated by the site plan or any approved amendments, the Community Development Director shall refuse to sign off on any building permit. The building permit applicant, in case of denial of a building permit, may appeal the action by the Community Development Director to the Board of Adjustment as provided by this UDC.
Section 405.155 Staff Level Review Site Plans.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Staff Level Review Procedure. Site plans subject to staff level site plan review shall be reviewed by the Community Development Department. In their review of a site plan, the City staff shall follow Article XXIV, Site Development Standards.
B.
Required Submissions.
1.
Upon application to the Community Development Department for a building permit, the applicant shall submit a complete set of site plans. See Section 405.140(F), Site Plan Submission Requirements.
2.
If the Community Development Department finds the submission to be incomplete (i.e., contains insufficient information to render a decision on the plans), the Community Development Department shall notify the applicant of the information required for a complete submission or shall reject the application.
C.
Action By Community Development Director. The Community Development Department shall review and approve, approve with conditions or deny the site plan within thirty (30) days of a complete application.
D.
Appeals. All appeals from the decision of the Community Development Department shall be taken by the applicant to the Planning and Zoning Commission and shall be filed, processed and reviewed by the Planning and Zoning Commission as a new site plan submission, but without additional fees.
Section 405.160 Effect of Site Plan Approval.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Following approval of a site plan submitted in compliance with this Article, all real property described in the building permit application must be improved, developed and used in accordance with the approved site plan and building permit application and any written proposals submitted therewith within the time schedule set forth on the site plan. Changes and modifications to the site plan shall be subject to the same procedures and standards set forth in this Article for initial approval. Upon approval of the site plan and issuance of the building permit, the property owner is responsible for completing all improvements shown on the site plan.
Section 405.165 Site Plan Approval Expiration.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Any approval of a site plan either by the Community Development Department, Planning and Zoning Commission or Board of Aldermen shall become void one (1) year from the date of approval if no occupancy or building permit has been issued for development of the project. An extension of six (6) months may be granted by the Community Development Director upon written request of the owner or developer. Further extensions may only be granted by the Planning and Zoning Commission and/or Board of Aldermen.
Section 405.170 General Site Design Standards.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
In the review of a site plan, the Community Development Department, Planning and Zoning Commission and/or Board of Aldermen shall review the site plan for compliance with the provisions of this Unified Development Code, principles of good planning and design as presented in Article XXIV, Site Development Standards, and to advance the intent and purpose of this Article.
B.
The applicant must demonstrate that the site plan meets the following standards and that the development as proposed will not be detrimental to the public health, safety or general welfare:
1.
The development shall be compatible with (and not cause adverse impact on) the neighboring properties and public facilities.
2.
The development shall provide adequate parking and safe access to and from public streets and highways and shall minimize adverse effects on vehicular and pedestrian circulation. If deemed necessary by the Community Development Department, Planning and Zoning Commission or Board of Aldermen, the applicant may be required to prepare a traffic impact analysis to quantify the amount of traffic generated by the proposed development and projected impacts on traffic circulation in the area.
3.
The development shall provide for open space and parkland, when required, and protect sensitive natural areas from development which minimizes natural hazards.
4.
The development shall be adequately served by public facilities and services such as sewer, water, street lights, sidewalks, stormwater management and/or storm drains; and police, fire and refuse collection.
5.
The development of commercial structures shall ensure the highest possible quality, design, appearance and character or theme of architecture that best advances the overall image of the community and relates to, and/or compliments with, adjacent sites and structures.
6.
The development of new buildings or renovation, remodeling and additions to existing buildings in the "Original Town" shall incorporate building materials and architectural designs consistent with the overall design character.
a.
Architectural styles and buildings shall compliment the historic development patterns and preserve the area's distinct visual character.
b.
Building quality shall meet or exceed that of the surrounding area to upgrade building conditions and appearances, to improve economic viability and to reduce blight.
c.
Within any area that is designated now or in the future as a historic district or as a historical landmark, such area or structure shall adhere to the Secretary of Interior Standards for Rehabilitation.
C.
Site plans for stormwater management and/or sediment and erosion control measures, as required, shall be reviewed by the City Engineer for compliance with City and State requirements.
1.
All development shall control any stormwater drainage which occurs off the property according to adopted City standards which are currently "Storm Drainage Systems and Facilities of Division V, Design Criteria of the Kansas City Metropolitan Article of the American Public Works Association (APWA)".
Section 405.174 Alternative Development Standards.
[Ord. No. 1585-2024, 8-19-2024]
A.
Alternative Development Standards.
1.
Requests to deviate from, modify, or waive one (1) or more applicable regulations, restrictions, or standards through the preliminary or final development plan, special use permit, or platting process shall be known as an "alternative development standard." The purpose of the alternative development standard process is to streamline the review of development projects in which a preliminary or final development plan or plat is already required. Alternative development standards may only be requested through a preliminary or final development plan, special use permit, or plat application if associated with new or redevelopment of an existing property, unless otherwise deemed eligible by this Code. Alternative development standards are not intended to replace the variance or Planned Zoning District process and are intended to be utilized for minor deviations, modifications, or waivers. The Director shall have the authority to determine if a request for alternative development standards is more appropriate to be processed as a variance or a Planned Zoning District. Requests for alternative development standards are limited to:
a.
Subdivision regulations.
2.
Alternative development standards shall not be utilized to expand or restrict land uses permitted within a zoning district or to make requests for alternative development standards where it is made clear in a chapter or section above that a deviation, modification, or waiver is not permitted.
3.
The Planning and Zoning Commission or Board of Aldermen shall have the authority to approve, conditionally approve, or deny any requests for an alternative development standard.
4.
Approval of an alternative development standard to any eligible chapter or section, shall be reviewed by the following criteria:
a.
The proposed alternative development standard(s) will better serve the public interest than strictly adhering to the Code.
b.
The proposed alternative development standard(s) will be consistent with the objectives, policies, and general land uses and programs in the City's Comprehensive Plan and any other adopted plans.
c.
The proposed alternative development standard(s) is consistent with other provisions of this Code.
d.
The location, size, design, and operating characteristics of the proposed alternative development standard(s) will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity.
e.
The proposed alternative development standard(s) will not result in conditions or circumstances contrary to the public health, safety, and general welfare.