For the purpose of regulating and restricting the use of land, or the use of buildings and structures including the erection, construction, reconstruction and alterations of buildings and structures in the City, all land within the City is hereby divided into one of the following districts pursuant to RSMo 89:

AG Agricultural District;

RDR Rural Density Residential;

RLL Residential Large Lot;

R-1 Single-Family Residential District;

RP-1 Planned Single-Family Residential District;

RP-2 Planned Two-Family Residential District;

RP-3 Planned Residential Mixed Use District;

RP-4 Planned Apartment Residential District;

PRO Planned Residential Office District;

NFO Neighborhood Fringe Office District;

TNZ Transitional Neighborhood Zone;

PO Planned Office District;

CP-1 Planned Neighborhood Commercial District;

CP-2 Planned Community Commercial District;

CBD Planned Central Business District;

CS Planned Commercial Services District;

PI Planned Industrial District;

AZ Airport Zone;

PMIX Planned Mixed Use District.

A.

Statement of intent and purpose. The AG Agricultural District is established to provide areas for restricted agricultural uses, very-low-density residential development and to serve as a "holding zone" to prevent the premature development of large land acreage. The AG District 1s also established to reduce the impact of urban development on rural areas located outside the sanitary sewer service area. It is also intended to conserve rural character, reduce the demand for urban services, and reduce service delivery costs for local government.

B.

Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

Density, lot size, and lot width: (See Table 6-2 in Article 6, Division I)

2.

Setbacks requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division 1)

3.

Height requirements: (See Table 6-4 in Article 6, Division 1)

4.

Exception to the maximum height requirements is contained in Section 6.050.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district: (See Article 7)

2.

Parking regulations: (See Article 8, Division II)

3.

Sign regulations: (See Article 9)

4.

Landscaping, buffering and tree protection: (See Article 8, Division 111)

(Ord. No. 9907, § 4, 5-14-2024)

A.

Statement of intent and purpose. The RDR Rural Density Residential District is established to provide rural density single-family detached residential development on one acre minimum lot sizes. The RDR density supports the Lee's Summit Comprehensive Plan by providing multiple housing types and varied lot sizes. An RDR subdivision with lot sizes of three acres or less intended to be serviced by a publicly-provided sanitary sewer system.

B.

Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

Density, lot size, and lot width: (See Table 6-2 in Article 6, Division I)

2.

Setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division 1)

3.

Height requirements: (See Table 6-4 in Article 6, Division I)

4.

Exception to the maximum height requirements is contained in Section 4.3510.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district: (See Article 7)

2.

Parking regulations: (See Article 8, Division 11)

3.

Sign regulations: (See Article 9)

4.

Landscaping, buffering and tree protection: (See Article 8, Division 111)

(Ord. No. 9907, § 4, 5-14-2024)

A.

Statement of intent and purpose. The RLL Residential Large Lot District is established to provide for the maintenance of existing large lot residential subdivisions and for the creation of new large lot single-family detached residential subdivision developments on one-half acre minimum lot sizes. The RLL residential density supports the Lee's Summit Comprehensive Plan by providing multiple housing types and varied lot sizes. RLL subdivisions of less than three acre minimum lot sizes are required to be serviced by a publicly-provided sanitary sewer system. Three acres and larger sized lots may utilize septic systems provided they receive the necessary approvals from the county.

B.

Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

Density, lot size, and lot width: (See Table 6-2 in Article 6, Division I)

2.

Setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division 1)

3.

Height requirements: (See Table 6-4 in Article 6, Division I)

4.

Exception to the maximum height requirements is contained in Section 6.050.

D.

Performance and design standards.

1.

Design standards are not applicable to development in this district.

2.

Parking regulations: (See Article 8, Division II)

3.

Sign regulations: (See Article 9)

4.

Landscaping, buffering and tree protection: (See Article 8, Division 111)

(Ord. No. 9907, § 4, 5-14-2024)

A.

Statement of intent and purpose. The R-1 Single-Family Residential District is established to provide low-density, single-family detached residential development. The R-1 density supports the goal of the Lee's Summit Comprehensive Plan in providing single-family densities at a maximum of four units per gross acre in close proximity to existing urban development. This district is designed for areas served by publicly-provided sanitary sewer.

B.

Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

Density, lot size, and lot width: (See Table 6-2 in Article 6, Division 1)

2.

Setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division I)

3.

Height requirements: (See Table 6-4 in Article 6, Division I)

4.

Exception to the maximum height requirements is contained in Section 6.050.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district: (See Article 7)

2.

Parking regulations: (See Article 8, Division II)

3.

Sign regulations: (See Article 9)

4.

Landscaping, buffering and tree protection: (See Article 8, Division Ill)

(Ord. No. 9907, § 4, 5-14-2024)

A.

Statement of intent and purpose. The RP-1 Planned Single-Family Residential District is established to provide single-family detached dwellings at higher densities than R-1 will allow by providing more useable open space or specific amenities to be provided as a trade-off. The RP-1 District is intended to promote variations to the standard single-family environment i.e., patio homes, cluster homes and zero lot line placement all in keeping with the detached dwelling environment through the establishment of more common use green/open areas. (See Subsection C.6. below.)

B.

Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

Density, lot size, and lot width: (See Table 6-2 in Article 6, Division 1)

2.

Setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division 1)

3.

Height requirements: (See Table 6-4 in Article 6, Division I)

4.

Exception to the maximum height requirements is contained in Section 6.050.

5.

The RP-1 District, provides the option for reducing required minimum lots sizes while maintaining overall densities through utilization of the "residential cluster option." The "cluster option" allows a developer to cluster residential development into a more compact area, in exchange for providing greater open space and protection of environmentally sensitive areas such as flood plains and animal habitats. With reduction of lot sizes, the "cluster option" also permits savings in road and utility costs to a developer. To be considered for the cluster option, the development proposal:

a.

Shall include a minimum of five acres in size for the overall development; and

b.

Shall preserve a minimum of 30 percent open space. Existing natural features such as wooded area, tree groves, or streams will be included in the preserved open space area or areas. Open space areas will be distributed throughout the development area when possible; and,

c.

Shall include pedestrian connectivity with the incorporation of connecting trails, sidewalks, or walking paths that connect either to a perimeter sidewalk or open space area within the development.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district. (See Article 8, Division I)

2.

Parking regulations: (See Article 8, Division 11)

3.

Sign regulations: (See Article 9)

4.

Landscaping, buffering and tree protection: (See Article 8, Division 111)

(Ord. No. 9907, § 4, 5-14-2024)

A.

Statement of intent and purpose. The RP-2 Planned Two-Family Residential District is established to provide opportunities for a moderate-density mix of single-family and duplex residential development at a maximum density of seven and one-half units per gross acre. This district is designed for areas served by publicly-provided sanitary sewer.

B.

Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

Density, lot size, and lot width: (See Table 6-2 in Article 6, Division I)

2.

Setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division I)

3.

Height requirements: (See Table 6-4 in Article 6, Division I)

4.

Exception to the maximum height requirements is contained in Section 6.050.

5.

Seven and one-half residential units per one acre is allowed in the RP-2 District.

6.

In the RP-2 District, an option for reducing required minimum lots sizes while maintaining overall densities is provided through utilization of the "residential cluster option." The "cluster option" allows a developer to cluster residential development into a more compact area, in exchange for providing greater open space and protection of environmentally sensitive areas such as flood plains and animal habitats. With reduction of lot sizes, the "cluster option" also permits savings in road and utility costs to a developer. See Article 8, Division I, Design Standards, for specific "cluster option" standards.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district: (See Article 8, Division I)

2.

Parking regulations: (See Article 8, Division II)

3.

Sign regulations: (See Article 9)

4.

Landscaping, buffering and tree protection: (See Article 8, Division III)

5.

The architectural features of the two-family (duplex) units are required to blend harmoniously with traditional detached single-family development.

A.

Statement of intent and purpose. The RP-3 Planned Residential Mixed Use District is established to provide opportunities for medium-density mixed residential use development at a maximum of ten units per gross acre. The RP-3 District provides for a mix of one-, two-, three- and four-family attached and detached dwelling units. While providing for a wide range of dwelling types the RP-3 district may also be appropriate in large scale mixed use developments or as a residential re-use option in obsolete commercial or office centers. This district is designed for areas served by publicly provided sanitary sewer.

B.

Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

Density, lot size, and lot width: (See Table 6-2 in Article 6, Division 1)

2.

Setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division 1)

3.

Height requirements: (See Table 6-4 in Article 6, Division I)

4.

Exception to the maximum height requirements is contained in Section 6.050.

5.

In the RP-3 District, an option for reducing required minimum lots sizes while maintaining overall densities is provided through utilization of the "residential cluster option." The "cluster option" allows a developer to cluster residential development into a more compact area, in exchange for providing greater open space and protection of environmentally sensitive areas such as flood plains and animal habitats. With reduction of lot sizes, the "cluster option" also permits savings in road and utility costs to a developer. To be considered for the cluster option, the development proposal:

a.

Shall include a minimum of five acres in size for the overall development; and,

b.

Shall preserve a minimum of 30 percent open space. Existing natural features such as wooded area, tree groves, or streams will be included in the preserved open space area or areas. Open space areas will be distributed throughout the development area when possible; and,

c.

Shall include pedestrian connectivity with the incorporation of connecting trails, sidewalks, or walking paths that connect either to a perimeter sidewalk or open space area within the development.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district: (See Article 8, Division 1)

2.

Parking regulations: (See Article 8, Division II)

3.

Sign regulations: (See Article 9)

4.

Landscaping, buffering and tree protection: (See Article 8, Division Ill)

(Ord. No. 9907, § 4, 5-14-2024)

A.

Statement of intent and purpose. The RP-4 Planned Apartment Residential District is established to provide opportunities for medium/high-density residential development. The RP-4 District also provides for a mix of multi-family attached dwelling units and/or apartments. This district is designed for areas served by publicly provided sanitary sewer.

B.

Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

Density, lot size, and lot width: (See Table 6-2 in Article 6, Division I)

2.

Setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division I)

3.

Height requirements: (See Table 6-4 in Article 6, Division 1)

4.

Exception to the maximum height requirements is contained in Section 6.050.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district: (See Article 8, Division I)

2.

Parking regulations: (See Article 8, Division II)

3.

Sign regulations: (See Article 9)

4.

Landscaping, buffering and tree protection: (See Article 8, Division III)

5.

In the RP-4 District, a mix of duplexes, triplexes, quadplexes, townhouses and/or apartments is considered appropriate, if effectively sited, landscaped, and buffered and adequate provisions for access and open space are made. Complementary architectural features should be a key element in seamlessly blending the mix of residential uses and densities.

(Ord. No. 9907, § 4, 5-14-2024)

A.

Statement of intent and purpose. The PRO Planned-Residential Office District is designed for small-scale office or mixed uses of residential and office uses in close proximity to residential development. The PRO District is suitable for areas that are transitioning to more non-residential character. The PRO District is also suitable for in-fill development in close proximity to existing residential development or as a land use buffer for higher intensity uses. The PRO District recognizes the need to protect adjacent residential uses, thus the basic character of the PRO District encourages a compatible mixture of residential and office types of land uses. This district is identified as one in which the physical character and design of existing and proposed new structures play an important role in assuring compatibility with existing or planned residential development. Review of building design, uses, buffers, landscaping, lighting and parking are recognized as essential for the establishment and maintenance of the character of this district. Areas zoned PRO are not intended for moderate-to-large office centers. Uses that create excess noise, traffic or odors are not permitted in this district.

B.

Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

FAR (floor-area ratio), density and lot width: (See Table 6-2 in Article 6, Division I)

2.

Setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division I)

3.

Height requirements: (See Table 6-4 in Article 6, Division I)

4.

Exception to the maximum height requirements is contained in Section 6.050.

5.

New buildings in the PRO District may not exceed 2,500 square feet. However, pre-existing residential structures that exceed this building maximum, may be considered for rezoning to the PRO District.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district. (See Article 8, Division I)

2.

Parking regulations: (See Article 8, Division II) Parking shall be confined to the rear yard and must be properly buffered from view of adjacent residential uses.

3.

Sign regulations: (See Article 9) Signage shall be designed to have minimal impact on neighboring residential properties.

4.

Landscaping, buffering and tree protection: (See Article 8, Division III) Landscaping and lighting shall be designed to blend with the residential character of the area.

5.

Properties in the PRO District are required to reflect a residential character in design, landscaping, parking and lighting.

6.

Office uses are limited to businesses that generate no more than 100 vehicular trips per day.

7.

Window displays or other displays of work are not permitted to be visible from the exterior of the building.

8.

Standards for new structures.

a.

New structures and alterations of or additions to existing structures shall utilize the shapes and proportions common to single-family residential architecture as guides to the architectural design.

b.

The rhythm, pattern or placement of windows, doors, chimneys, gables, dormers, roof pitch, offsets in the walls, and other elements should also be considered in creating residential compatibility.

A.

Statement of intent and purpose. The NFO Neighborhood fringe office district is intended for single-family residential dwellings with an office use opportunity, but only if the occupant of the dwelling is the intended office user. The NFO district may be established either:

1.

As an infill development on a vacant parcel; or

2.

As a redevelopment opportunity of an existing developed parcel; or

3.

Within existing single-family residential homes.

The NFO District is suitable for areas that are adjacent to TNZ districts and/or transitioning to less intense residential neighborhoods.

B.

Uses.

1.

Single-family dwellings, attached and detached, and certain other limited uses found in Table 6-1 in Article 6, Division I are allowed in this district provided they meet the requirements of Subsection A. above.

2.

Apartment dwelling units or office use above a detached garage (or attached by breezeway) provided performance and design standards in Subsection D. below are satisfied.

C.

Height and area regulations. See Tables 6-2, 6-3, and 6-4 in Article 6, Division I.

D.

Performance and design standards.

1.

Parking lots are prohibited.

2.

Signage shall be limited to:

a.

One non-lighted wall or projecting sign six square feet maximum area, located near the front door of the home/business entrance; or

b.

One non-lighted free standing hanging sign no larger than eight square feet, supported by the extended arm of a single post, with the top edge of the sign face not exceeding six feet above grade level and landscaped around the sign base.

3.

The residential character (architecture) of the dwelling shall not be changed.

4.

Fifty percent of the dwelling (1st and 2nd floor area) may be utilized for office use provided the occupant of the dwelling is the office user. Basements may not be utilized for office use.

5.

The second story above a detached garage (or garage attached by breezeway) may be utilized as an office in lieu of Subsection 4. above provided the area does not exceed the area allowed in Subsection 4. above.

6.

New residential structures including infill development or redevelopment of existing parcels shall be compatible to other homes within the general area and should reflect a similar time period of architecture, i.e., front/side porches, gable roofs, dormer windows, columns, detached garages, etc.

7.

Number of employees. No persons other than self or family members residing on the premises, plus one additional person not residing on the premises, shall be employed or involved in any business activity on the premises.

8.

The uses within this district shall be exempt from Article 8, Division III of this chapter.

9.

Fences shall not be located closer to the street than the front of the dwelling.

A.

Statement of intent and purpose. The TNZ District is a Planned-Transitional Neighborhood District designed for a compatible mix of residential, office and limited specialty retail uses in close proximity to the CBD, Central Business District of downtown and the surrounding residential development. The TNZ District is suitable as a transitional zone for areas that are intended to serve as a buffer between more intense CBD uses and adjoining residential neighborhoods. The TNZ District recognizes the need to provide a mixed use environment while at the same time preserving existing residential neighborhoods. This district is identified as one in which the physical character and design of existing and proposed new structures play an important role in assuring compatibility with existing or planned residential development. The TNZ District is not intended for infill sites outside of the Downtown Core as established in the Downtown Master Development Plan.

Review of certain performance standards, specified below, is recognized as essential for the establishment and maintenance of the character of this district. Properties zoned TNZ are not intended for retail or office centers but as individual lots with business uses that maintain a residential character complimenting the surrounding neighborhood. Commercial uses that create noise, traffic in excess of 110 vehicles trips per day or more than 20 vehicle trips per peak hour operation or noxious odors are not permitted in this district.

B.

Permitted uses. See Table 6-1.

C.

Height and area regulations. See Tables 6-2 and 6-3.

D.

Performance and design standards. In reviewing any application for development or redevelopment within the TNZ district the Commission and/or Governing Body may give consideration to the criteria stated below, to the extent they are pertinent to the particular application.

1.

Building design and character. Existing and new buildings are expected to reflect the residential character of building design and be compatible with adjacent residential style properties.

2.

Hours of operation. Hours of operation may be established or limited by the Commission and/or Governing Body.

3.

Landscaping. Shall be approved per plan, in lieu of Article 8, Division III of this chapter, and shall consist of ornamental type landscape varieties, i.e., flowering trees, one and one-half-inch diameter; small/low scale shrubs, two-gallon size; and ground covers to soften the hardscape of the urban environment.

4.

Lighting. Lighting, if provided, shall be limited in numbers and in intensity to 150 watts maximum, or within 50 watts of surrounding properties intensity, per fixture and be of a pedestrian scale compatible to residential areas within the immediate vicinity. Wall packs shall be prohibited. Parking lot lighting shall also be prohibited except for the use of bollard type lighting not exceeding four feet in height.

5.

Parking lot landscaping. Parking lots shall be landscaped in accordance with the requirements of this chapter except where decorative screening walls are provided for reducing the required setbacks to less than ten feet.

6.

Signage. Signage shall be limited to:

a.

One wall or projecting sign six square feet maximum located near the front door of the business; and

b.

One free-standing hanging sign no larger than eight square feet, supported by the extended arm of a single post, with the top edge of the sign face not exceeding six feet above grade level.

c.

Lighted signage shall not exceed the wattage established for lighted signs within the area in which located.

A.

Statement of intent and purpose. The PO Planned Office District is established to provide for both private and public administrative and professional offices.

B.

Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

FAR (floor area ratio), density and lot width: (See Table 6-2 in Article 6, Division I.)

2

Setback requirements, including minimum front yard, side yard, and rear yard standards: (See Table 6-3 in Article 6, Division I.)

3

Height requirements: (See Table 6-4 in Article 6, Division I.)

4

Exception to the maximum height requirements is contained in Section 6.050.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district: (See Article 8, Division I.)

2.

Parking regulations: (See Article 8, Division II.)

3.

Sign regulations: (See Article 9.)

4.

Landscaping, buffering and tree protection: (See Article 8, Division III.)

A.

Statement of intent and purpose. The CP-1 Neighborhood Commercial District is established to provide for office, commercial and public uses that are of a scale that serve surrounding neighborhoods.

B.

Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

FAR (floor area ratio), density and lot width: (See Table 6-2 in Article 6, Division I.)

2.

Setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division I.)

3.

Height requirements: (See Table 6-4.)

4.

Exception to the maximum height requirements is contained in Section 6.050.

5.

Due to the "neighborhood" scale of this district, buildings containing retail sales and services that range in size from 1,000 to 15,000 square feet are most appropriate.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district. (See Article 8, Division I.) Design standards encourage on-street parking, buildings with zero front yard setbacks, parking lots that are not positioned as primary uses along pedestrian walkways, and wide sidewalks that encourage use for both pedestrians and outside dining.

2.

Parking regulations: (See Article 8, Division II.)

3.

Sign regulations: (See Article 9.)

4.

Landscaping, buffering and tree protection: (See Article 8, Division III.)

5.

Neighborhood-oriented office development that generates pedestrian activity shall be located on ground-floor levels in the CP-1 District. Office uses that do not create the same level of street activity or do not have a high visibility need shall be located on the second or above floors, or in space to the rear of the retail buildings.

6.

Residential development is considered appropriate in the CP-1 District if built in a manner that supports the neighborhood commercial character of the area. This includes such uses as units above stores (loft units), elderly apartments, townhomes, or small, single-entry four-unit type walk-up apartments, i.e. row house concept.

A.

Statement of intent and purpose. The CP-2 Community Commercial District is established to provide a location for a full-range of retail and office development serving the general needs of the community. The CP-2 District is not considered appropriate for heavier commercial uses that border on being more light industrial in nature, and thus more appropriate for the CS or PI District. The intent of the CP-2 District is to promote a streetscape that encourages buildings to be moved forward adjacent to the front yard setback line or adjacent to the required landscape improvements. This site design improves the benefits derived from the required landscaping and the overall image of the commercial corridor.

B.

Uses.

1.

Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

2.

Apartment, townhouses or loft development is considered appropriate in the CP-2 District, if planned as a part of the overall development.

C.

Height and area regulations.

1.

FAR (floor-area ratio), density and lot width: (See Table 6-2 in Article 6, Division I.)

2.

Setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division I.)

3.

Height requirements: (See Table 6-4 in Article 6, Division I)

4.

Exception to the maximum height requirements is contained in Section 6.050.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district. (See Article 8, Division I.) Design standards encourage on-street parking and wide sidewalks that encourage use for both pedestrians and outside dining.

2.

Parking regulations: (See Article 8, Division 2.)

3.

Sign regulations: (See Article 9.)

4.

Landscaping, buffering and tree protection: (See Article 8, Division III.)

A.

Statement of intent and purpose. The CBD Planned Central Business District is established to permit the most intensive use of land that combines a variety of commercial, office, residential and public uses. The district is designed to have uses that are centrally located and compact so that maximum convenience is afforded the users and occupants of the district. It is the intent of the CBD District to be pedestrian friendly.

B.

Uses.

1.

Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

2.

In the CBD District, residential loft and townhouse developments are encouraged.

3.

Vertical mixed-use development is encouraged with combinations of retail, office, and residential uses.

4.

Parking structures are allowed as a permitted use or accessory use.

C.

Height and area regulations.

1.

FAR (floor-area ratio), density and lot width: (See Table 6-2 in Article 6, Division I.)

2.

The setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division I.) Minimal or no yard setbacks are required, to encourage buildings to locate adjacent to the property line and utilize on-street or structured parking to the greatest extent possible.

3.

Height requirements: (See Table 6-4 in Article 6, Division I.)

4.

Exception to the maximum height requirements is contained in Section 6.050.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district. (See Article 8, Division I.) Design standards encourage on-street parking and wide sidewalks that encourage use for both pedestrians and outside dining.

2.

Parking regulations: (See Article 8, Division II.) On-street, to-the-rear, or structured parking is encouraged over front or side surface parking lots.

3.

Sign regulations: (See Article 9.)

4.

Landscaping, buffering and tree protection: (See Article 8, Division III.)

A.

Statement of intent and purpose. The CS Planned Commercial Services District is intended to provide for service type uses that require screened outdoor storage of equipment and materials in conjunction with office warehouse facilities. The CS district is not intended to operate as an industrial district but to provide for quality low intensity transitional uses between commercial and industrial districts.

B.

Uses.

1.

Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

2.

Reserved.

C.

Height and area regulations.

1.

FAR (floor-area ratio), density and lot width: (See Table 6-2 in Article 6, Division I.)

2.

The setback requirements, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division I.) Minimal or no yard setbacks are required, to encourage buildings to locate adjacent to the property line and utilize on-street or structured parking to the greatest extent possible.

3.

Height requirements: (See Table 6-4 in Article 6, Division I.)

4.

Exception to the maximum height requirements is contained in Section 6.050.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district. (See Article 8, Division I.) Design standards encourage on-street parking and wide sidewalks that encourage use for both pedestrians and outside dining.

2.

Parking regulations: (See Article 8, Division II.) On-street, to-the-rear, or structured parking is encouraged over front or side surface parking lots.

3.

Sign regulations: (See Article 9.)

4.

Landscaping, buffering and tree protection: (See Article 8, Division III.)

A.

Statement of intent and purpose. The PI Planned Industrial District is established to provide for industrial uses that are fully indoor operations with outside storage only permitted within fully-screened enclosures to the rear or side lot areas. The PI District is intended to provide areas for light manufacturing uses that primarily involve finishing or assembly of previously manufactured goods. The district is also intended to provide for the location of wholesaling, distribution or warehousing uses.

B.

Uses.

1.

Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

2.

The PI District excludes manufacturing or industrial uses that emit noxious odors, dust, fumes, gas, noise or vibration. It also excludes hazardous materials such as those involving bulk storage of gasoline or toxic chemicals.

C.

Height and area regulations.

1.

FAR (floor-area ratio), density and lot area/width: (See Table 6-2 in Article 6, Division I.)

2.

Setback regulations, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division I.)

3.

Height requirements: (See Table 6-4 in Article 6, Division I.)

4.

Exception to the maximum height requirements is contained in Section 6.050.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district: (See Article 8, Division I.)

2.

Parking regulations: (See Article 8, Division II.)

3.

Sign regulations: (See Article 9.)

4.

Landscaping, buffering and tree protection: (See Article 8, Division III.)

5.

This district is designed for industrial and warehousing uses that do not have a detrimental effect upon adjoining residential, office or commercial development.

6.

Physical appearance.

a.

All operations shall be carried on within an enclosed building except that new finished products or equipment in operable condition may be stored outside only within fully-screened enclosures to the rear or side lot areas.

b.

Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are screened from view.

c.

All company service vehicles, fleet trucks, etc., used in conjunction with a permitted use shall be stored overnight such that they are screened with a landscape buffer, or are not visible from a public street.

7.

Performance standards.

a.

Fire hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with the latest edition of the Uniform Fire Code published by the American Insurance Association and applicable codes and ordinances.

b.

Noise. No operation shall be carried on which involves noise in excess of the normal traffic noise of the adjacent street at the time of the daily peak hour of traffic volume. Noise shall be measured at the property line and when the level of such noise cannot be determined by observation with the natural senses, a suitable instrument may be used and measurement may include breakdowns into a reasonable number of frequency ranges. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness.

c.

Sewage and other liquid waste. No operation shall be carried on which involves the discharge into a sewer, water course, or the ground of liquid wastes of any radioactive nature or liquid waste of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.

d.

Air contaminants.

(1)

Air contaminants and smoke shall be less dark than designated Number One on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as Number One shall be permitted for one four-minute period in each one-half hour. Light colored contaminants of such an opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted.

(2)

Particulate matter of dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths grain per cubic foot as corrected to a temperature of 500 degrees Fahrenheit, except for a period of four minutes in any one-half hour, at which time it may equal but not exceed six-tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit.

(3)

Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this section, there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminants or other materials in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or the public in general or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.

e.

Odor. The emission of odors that are generally agreed to be obnoxious to any considerable number of persons shall be prohibited. Observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor, it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the meaning of this chapter.

f.

Gasses. The gasses sulfur dioxide and hydrogen sulfide shall not exceed five parts per million. All nitrous fumes shall not exceed one part per million. Measurements shall be taken at the property line of the particular establishment involved.

g.

Vibration. All machines including punch presses and stamping machines shall be so mounted as to minimize vibration, and in no case shall such vibration exceed a displacement of three-thousandths of an inch measured at the property line. The use of steam or broad hammers shall not be permitted in this district.

h.

Glare and heat. Glare, such as welding arcs and open furnaces, shall be shielded so that it shall not be visible from the property line. No heat from furnaces or processing equipment shall be sensed at the property line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit.

i.

Hazardous materials. Operations involving the storage or use of hazardous materials in reportable quantities, as classified by the Environmental Protection Agency (EPA), shall obtain any necessary permits from the Fire Department and make improvements to the building and grounds required by the Uniform Fire Code.

A.

Statement of intent and purpose. The AZ, Airport Zone is established to incorporate the city airport and adjoining developable properties not subject to the various airport protection zones identified in Article 5. The AZ is intended to provide for selective commercial and industrial uses that complement the airport.

B.

Uses.

1.

Permitted principal and accessory uses, uses permitted as of right but with conditions, and special uses are contained in Table 6-1 in Article 6, Division I.

C.

Height and area regulations.

1.

FAR (floor-area ratio), density and lot area/width: (See Table 6-2 in Article 6, Division I)

2.

Setback regulations, including minimum front yard, side yard and rear yard standards: (See Table 6-3 in Article 6, Division I.)

3.

Height requirements: (See Table 6-4 in Article 6, Division I.)

4.

Exception to the maximum height requirements is not applicable in this zone.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district. Office, Commercial and Industrial District design standards shall apply per Article 8, Division I.

2.

Parking regulations: Parking by use shall apply per Article 8, Division II.

3.

Sign regulations: (See Article 9). Signs shall be based on use as follows:

a.

Office use: PO District requirements.

b.

Commercial use: CP-2 requirements.

c.

Industrial use: PI requirements.

4.

Landscaping, buffering and tree protection: (See Article 8, Diviison III.)

5.

This district is designed for uses that are complimentary to the airport and airport operations.

6.

Physical appearance.

a.

All operations shall be carried on within an enclosed building except that new finished products or equipment in operable condition may be stored outside only within fully-screened enclosures to the rear or side lot areas.

b.

Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are screened from view.

c.

All company service vehicles, fleet trucks, etc., used in conjunction with a permitted use shall be stored overnight such that they are screened with a landscape buffer, or are not visible from a public street.

A.

Statement of intent and purpose.

1.

It is the Governing Body's intent, in providing for a PMIX Planned Mixed Use District, to:

a.

Allow greater flexibility in development standards (lot coverage, setbacks, building heights, lot sizes, etc.) to facilitate adaptation of development to the unique conditions of a particular site,

b.

Permit a mixture of uses which, with proper design and planning, will be compatible with each other and with surrounding uses or zoning districts and will permit a finer-grained and more comprehensive response to market demand, and

c.

Obtain greater economic vitality, higher standards of site and building design, a high level of environmental sensitivity, and more satisfying living and working environments than can be achieved under the standards of other zoning districts.

2.

Applicability. An area may be considered for rezoning to PMIX District if any one of the following conditions exist:

a.

More than one land use is proposed for development on a single parcel, where only a single use is permitted under other zoning classifications.

b.

Different land uses that would not otherwise be permitted to locate within the same zoning district are proposed for development on one or more adjacent parcels under single or separate ownership.

c.

An exception or variation from the size, setback, frontage, density, uses or other standards that are required in other zoning districts permitting the same uses are being proposed as part of a development plan.

B.

Uses.

1.

Residential uses.

a.

Characteristics.

(1)

A PMIX may allow for a more flexible placement, arrangement and orientation of residential structures, with accompanying flexibility in the subdivision of land and the grouping of open space and accessory facilities such as garages and parking.

(2)

The PMIX also may provide for a mixture of housing types (single-family, two-family, multi-family, etc.) according to a carefully drawn plan.

(3)

The proposed residential development shall make maximum use of natural features, and, through proper site planning measures, it shall be compatible with the existing character and development pattern of the surrounding area.

b.

General requirements. The following special items shall be included in the final development plan application:

(1)

The proposed architectural style and siting of all duplex and multi-family structures shall be indicated.

(2)

If development standards (lot coverage, setbacks, building heights, lot sizes, etc.) are not specifically proposed by the applicant or specific standards are not established by the Governing Body at the time of approval, then the applicable standards of the R-1 District shall apply.

2.

Office uses.

a.

Characteristics. A PMIX may contain orderly, well-designed office and institutional uses compatible with the surrounding area.

b.

Requirements. If development standards (lot coverage, setbacks, building heights, lot sizes, etc.) are not specifically proposed by the applicant or specific standards are not established by the Governing Body at the time of approval, then the applicable standards of the PO District shall apply.

3.

Commercial uses.

a.

Characteristics. A PMIX may provide for maximum attainable commercial usage of property while ensuring development consistent with the Governing Body's long-range plans.

b.

Requirements. If development standards (lot coverage, setbacks, building heights, lot sizes, etc.) are not specifically proposed by the applicant or specific standards are not established by the Governing Body at the time of approval, then the applicable standards of the CP-2 District shall apply.

4.

Industrial uses.

a.

Characteristics. A PMIX may contain land designated for a single industrial use or for multiple but compatible industrial uses in an industrial park.

b.

Requirements. If development standards (lot coverage, setbacks, building heights, lot sizes, etc.) are not specifically proposed by the applicant or specific standards are not established by the Governing Body at the time of approval, then the applicable standards of the PI-1 district shall apply.

5.

Special uses. Approval of a use requiring a "special use permit" shall be considered as an amendment to the PMIX District. In considering a "special use permit," in addition to criteria of Article 6, Division III, all rezoning considerations for a PMIX District shall be applicable.

C.

Height and area regulations.

1.

Densities, lot sizes, structure heights and structure setbacks are established a part of the zoning approval for each particular PMIX zoning approval. The maximum structure height requirements applicable to this district are found in Table 6-4 in Article 6, Division I.

D.

Performance and design standards.

1.

Design standards are applicable to development in this district. (See Article 8, Division I.) Standards are established in the zoning approval for the PMIX.

2.

Parking regulations: (See Article 8, Division II.)

3.

Sign regulations: (See Article 9 in Article 6, Division I.)

4.

Landscaping, buffering and tree protection: (See Article 8, Division III.)

5.

Minimum site requirements.

a.

A site proposed for a PMIX District classification shall contain a contiguous area of five acres or more, unless a smaller area is specifically approved by the Governing Body due to special and unusual circumstances. Property shall be deemed to be contiguous if all parts are under unified control, to ensure that the development plan can be executed as approved, and all parts abut or are separated by only a road, easement, or right-of-way.

b.

The site shall abut a public street for a distance of at least 100 feet.

6.

Open space.

a.

All open spaces not proposed for dedication to the City shall have the proposed maintenance and ownership agreements explained in detail.

b.

The landowner shall establish an organization for ownership and maintenance of common open space, and that organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space). The conditions of any transfer shall conform to the approved final development plan. The final development plan application shall include a description (in narrative form) of the ownership and maintenance organization and copies of any covenants, restrictions, by-laws and agreements proposed. If the maintenance organization will be a corporation, a copy of the articles of incorporation shall be included in the final development plan application.

c.

The Director may stipulate additional provisions for minimum widths and areas, interconnection, desirable features, uses of open space and access to open space. The Director shall ensure that land counted as open space is usable by and suitable for occupants of the development and that it enhances the value of the area.

The following structures or uses are exempt from the regulations of this ordinance and shall be permitted in any district. This section shall not be construed to exempt any public utility from other ordinances or regulations of the City, including, but not limited to, franchise agreements and applicable building codes:

A.

Poles, wires, cables, conduits, vaults (when totally screened), laterals, pipes, mains, valves, or any other similar equipment for transmission or distribution to customers of telephone or other communication services, electricity, gas, steam or water, or the collection of sewage or surface water, operated or maintained by a public utility (see also RSMo 89.380);

B.

Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way.

A.

Common property shall be designated as "Tract(s)" on all preliminary development plans, final development plans, preliminary plats, and final plats. Common property shall not be permitted on minor plats.

B.

No common property shall be permitted in any development unless the applicant, in its common property maintenance plan, provides that abatement costs imposed by the City pursuant to this division shall be assessable proportionally against all lots and lot owners and shall be a lien against all lots in the development.

C.

Every preliminary development plan, or preliminary plat if no preliminary development plan is required, designating storm water conveyance, retention, or detention facilities to be located on common property shall set forth the standards to which such facilities will be maintained by the condominium or homeowners' association, and shall also provide that in the event of failure to maintain such facilities to such standards, that abatement by the City shall be authorized, and that costs of abatement incurred by the City pursuant to this division shall be assessed proportionally against all lots and lot owners and shall be a lien against all lots in the development.

D.

No final development plan, or final plat if no final development plan is required, shall be approved unless the Director has received written verification from the Director of Public Works that all requirements pertaining to maintenance of common storm water conveyance, retention, or detention facilities and the assessment of costs substantially conform to the approved preliminary development plan.

A.

An applicant for approval of a preliminary development plan, or preliminary plat if no preliminary development plan is required, which contains common property shall provide for the establishment of a condominium or property owners' association for the perpetual ownership and maintenance of any common property, and shall also provide assurance of the financial and administrative ability of any such condominium or property owners' association to own and maintain the common property.

B.

No such condominium or property owners' association shall be dissolved or dispose of any common property by sale or otherwise (except to a new condominium or property owners' association assuming all the duties and obligations of the original association) unless the maintenance responsibilities set forth in the final development plan, or final plat if no final development plan is required, are assigned, with the consent of the City, to a person or entity with the financial, legal, and administrative ability to perform such obligations.

C.

Any such condominium or property owners' association may be required by the Governing Body to enter into a maintenance contract to provide for the perpetual maintenance of the common property.

D.

The Governing Body may approve the use of an entity other than a condominium or property owners' association to own and maintain the common property in lieu of the requirements of this section.

There shall be recorded in the land records of the county or counties in which the development is located, prior to the recording of the final plat or conveyance of any ownership interest in any of the real property in any development containing common property, a declaration of covenants and restrictions which shall:

A.

Specify the ownership of the common property; and

B.

Be prepared in accordance with this division; and

C.

Provide for the establishment of a condominium or property owners' association, or other entity approved by the Governing Body, prior to the recording of the final plat or sale of any part of the property; and

D.

Provide that ownership of any lot in the development shall not occur until the condominium or property owners' association, or other entity approved by the Governing Body, is formed and ownership of all common property has been transferred to the condominium or property owners' association or other entity; and

E.

Provide for the method of maintenance of common property; and

F.

Provide that the declaration of covenants and restrictions pertaining to common property shall be permanent; and

G.

Provide that the lot owners within the development are liable for the costs of maintenance of all common property and that the costs shall be assessed proportionally against the individual lots and lot owners within the development in accordance with the rules of the condominium or property owners' association; and

H.

Provide that the condominium or property owners' association, or other entity approved by the Governing Body, shall be responsible for liability insurance, taxes and perpetual maintenance; and

I.

Provide that membership in the condominium or property owners' association, or other entity approved by the Governing Body, shall be mandatory for each lot owner and any successive buyer; and

J.

Provide that each lot owner, at the time of purchase, shall be furnished with a copy of the declaration of covenants and restrictions; and

K.

Provide that the condominium or property owners' association, or other entity approved by the Governing Body, formed to own and maintain common property shall not be dissolved without the consent of the City, unless the maintenance responsibilities set forth in the final development plan are assigned, with the consent of the City, to a person or entity with the financial, legal, and administrative ability to perform such obligations; and

L.

Provide that in the event that any condition of the common property is determined to be a nuisance or in disrepair in violation of any provision of the Lee's Summit Property Maintenance Code, and such disrepair or nuisance is abated pursuant to procedures otherwise provided in the Property Maintenance Code, that the costs to abate the nuisance created by the failure to maintain any common property shall be assessed proportionally against the individual lots and lot owners within the development, in an equal amount per individual lot or lot owner, pursuant to the tax bill provisions of the Property Maintenance Code, and that the amount caused by the Finance Director to be assessed annually by tax bill shall not exceed five percent of assessed valuation per individual lot or lot owner; and

M.

Provide that in the event it is determined that the maintenance of any storm water conveyance, retention or detention facility located on common property fails to meet any standard set forth in the final development plan, or final plat if no final development plan is required, and such failure is abated by the City pursuant to the procedures of this division, that upon completion of the work and certification by the Director of Public Works that the deficiency has been abated, the Director of Public Works shall certify all costs of such abatement, including enforcement costs and expenses of staff time incurred in the remediation of the deficiency, to the City's Director of Finance who shall cause a special tax bill therefore, or add the costs thereof to the annual real estate tax bill, at the Finance Director's option, proportionally against the individual lots and lot owners within the development, in an equal amount per individual lot or lot owner, that the amount caused by the Finance Director to be assessed annually by tax bill shall not exceed five percent (5%) of assessed valuation per individual lot or lot owner, that the tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance shall be a defense thereto, that each special tax bill shall be issued by the City Clerk and delivered to the City Finance Director on or before the first day of June of each year, and that such tax bill, if not paid when due, shall bear interest at the rate of eight percent; and

N.

Provide that the City shall be a third party beneficiary of all provisions pertaining to the assessment of costs for maintenance of storm water conveyance, retention, or detention facilities on common property, and that such provisions shall not be modified or amended without the written consent of the City.

The Governing Body may waive, amend, or approve requirements or the use of other entities in lieu of, the requirements of this section.

A.

The City shall not be responsible for the maintenance of common property.

B.

Maintenance responsibility for all common property in the development shall be the responsibility of the condominium or property owners' association, or other entity approved by the Governing Body. During the period in which the developer maintains effective control of the board of the condominium or property owners' association, or other entity approved by the Governing Body, the developer shall remain jointly and severally liable for the maintenance obligations of the condominium or property owners' association.

A.

The failure of the developer, the condominium or property owners' association, or other entity approved by the Governing Body, to properly maintain any common property shall subject the developer, the condominium or property owners' association, other entity approved by the Governing Body, and/or persons or entities with any ownership interest in lots within the development, to enforcement action pursuant to the City's Property Maintenance Code, Ordinance No. 4934, as may be amended from time to time. The costs to abate a nuisance created by the failure to maintain any common property shall be assessed proportionally against the individual lots and lot owners within the development, in an equal amount per individual lot or lot owner, pursuant to the tax bill provisions of the Property Maintenance Code. The amount caused by the Finance Director to be assessed annually by tax bill shall not exceed five percent of assessed valuation per individual lot or lot owner.

B.

The failure of the developer, the condominium or property owners' association, or other entity approved by the Governing Body, to properly maintain any common property shall be considered to be a violation of this article and subject to the penalties and/or remedies set forth in Sections 1.190 and 1.200 of this chapter.

C.

In the event the Director, in consultation with the Director of Public Works, determines that probable cause exists to believe that maintenance of any common storm water conveyance, retention or detention facility located on common property fails to meet a standard or standards set forth in the final development plan, or final plat if no final development plan is required, the Director shall provide notice by U.S. mail to the developer, the condominium or property owners' association, or the entity approved by the Governing Body, or the registered agent of the developer, condominium or property owners' association, or other entity, describing with particularity the facts constituting such cause to believe a deficiency exists, and setting a date, time, and place for administrative hearing before the Director no sooner than ten days from the date of said notice. In emergency circumstances, when failure to promptly abate such deficiency can reasonably be expected to cause damage to any person or property, 24-hour notice of such administrative hearing may be delivered to any responsible officer or director of the developer, condominium or property owners' association, or other entity. At the date, time, and place of the hearing set forth in the notice, the Director shall receive evidence and testimony from the developer, the condominium or property owners' association, or other entity, or anyone on behalf of the developer, condominium or property owners' association, or other entity, and all other persons with relevant evidence or testimony to provide, on the issue of whether a maintenance deficiency exists, and if the Director finds that a deficiency exists, the Director may either order remedial action by the developer, condominium or property owners' association, or other entity, with compliance deadlines, or the Director may order abatement by the City. The Director's decision shall be final when mailed by U.S. mail postage prepaid to the developer, the condominium or property owners' association, the other entity, or to a registered agent of the developer, association, or other entity, and may be appealed within ten days from the date of such mailing. The appeal, if any, shall be pursuant to the contested case procedures of RSMo ch. 536. In the event the decision of the Director is to order abatement by the City, the Director of Public Works shall be authorized to procure by emergency contract the services of such consultants, design professionals, and contractors as may be necessary to abate the condition. Upon completion of the work and certification by the Director of Public Works that the deficiency has been abated, the Director of Public Works shall certify all costs of such abatement, including enforcement costs and expenses of staff time incurred in the remediation of the deficiency, to the City's Director of Finance who shall cause a special tax bill therefore, or add the costs thereof to the annual real estate tax bill, at the Finance Director's option, proportionally against the individual lots and lot owners within the development, in an equal amount per individual lot or lot owner. The amount caused by the Finance Director to be assessed annually by tax bill shall not exceed five percent of assessed valuation per individual lot or lot owner. The tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance shall be a defense thereto. Each special tax bill shall be issued by the City Clerk and delivered to the City Finance Director on or before the first day of June of each year. Such tax bill, if not paid when due, shall bear interest at the rate of eight percent.