All applications shall be submitted to the department of planning and development upon forms provided by the city and shall be accompanied by all necessary information to facilitate review of the proposed project unless otherwise herein provided.

(Ord. No. 8804, § I, 4-11-05)

Applications for amendment of any portion of this UDO may be made by any interested person. For all other applications, the planning and zoning commission, city council or a landowner or landowner's agent may submit the necessary information to the appropriate official for the consideration of an application. For any application other than UDO amendments, the applicant must submit documentation to prove ownership or control of the land wholly contained within the application or an affidavit authorizing an agent to submit an application on behalf of the owner.

(Ord. No. 8804, § I, 4-11-05)

Prior to the submission of an application, a pre-application meeting between the applicant and the director or his/her designees shall be required. At the time of the pre-application meeting, the applicant shall submit a site assessment survey in accordance with the requirements set forth in this article.

(Ord. No. 8804, § I, 4-11-05)

As outlined in this article, certain applications require a site assessment survey. Such survey shall indicate the pre-disturbance condition of the site and include, but not be limited to the following information:

(1)

Site boundaries, including rights-of-way and floodplain;

(2)

Number and location of all trees larger than eight (8) inches in caliper, measured four and one-half (4½) feet above grade or groves of trees;

(3)

Slope and grade of the existing terrain, at 5-foot contour intervals;

(4)

Location and size of natural and/or man-made channels, detention, and stormwater runoff paths;

(5)

Size, location and description of any existing site improvements;

(6)

Sensitive ecological, topographical, or historical information, located on the site or within two hundred (200) feet of the property boundary; and

(7)

Any other information or studies deemed necessary for thorough analysis of the pre-disturbance condition of the site.

(Ord. No. 8804, § I, 4-11-05)

(1)

For applications requiring the submission of a site plan, survey, building elevation, study or other type of plan, these documents shall be prepared by a professionally licensed landscape architect, architect, surveyor, or engineer. The director may waive these requirements if the project is determined to have a minimal impact on the surrounding area.

(2)

Applications that have a significant impact on the surrounding area or contain more than one hundred (100) acres shall be prepared by a professionally licensed landscape architect.

(Ord. No. 8804, § I, 4-11-05)

Applicants may be required to submit all technical studies necessary to evaluate the application, including but not limited to traffic studies, stormwater studies, geologic or hydrologic studies, environmental impact studies or architectural surveys.

(Ord. No. 8804, § I, 4-11-05)

An application shall only be deemed complete when all submittals, as required herein, have been received. Upon receipt of a complete application, the director shall note the filing date on the application and include it as part of the permanent record. Any required notice, filing, advertising, or review required by this UDO shall not begin until all required items have been submitted in the form required by this article.

(Ord. No. 8804, § I, 4-11-05)

All applications shall be received in accordance with the published deadline as determined by the department of planning and development. For an application to be scheduled for a meeting, all submittals, supporting exhibits and information necessary to make a determination shall be submitted before the meeting deadline, unless otherwise determined by the director.

(Ord. No. 8804, § I, 4-11-05)

No structure, new or existing, shall be occupied or used until a certificate of occupancy is issued by the director certifying that such structure or use complies with all regulations of the UDO, building code and all other ordinances and regulations as applicable.

(Ord. No. 8804, § I, 4-11-05)

All decisions of the planning and zoning commission, city council, and staff shall sunset and all development applications approved thereby shall become void within two (2) years, if no action is taken on the project within that time. Decisions of the historic district review commission shall sunset and become void within one hundred eighty (180) days, if no action or permit is taken on the project within that time.

(Ord. No. 8804, § I, 4-11-05)

Should any development application remain inactive for a period of six (6) months, it shall be considered withdrawn unless the applicant provides written reason why the application has remained inactive, including a schedule indicating when the application will again be active.

(Ord. No. 8804, § I, 4-11-05)

In the consideration of any application required by this UDO, a recommendation or approval may stipulate compliance with certain conditions or standards as determined necessary to promote the public health, safety, comfort and general welfare of the community. Further, a recommendation or approval may include a variation from existing standards in a development application provided such variation does not compromise the public health, safety, comfort and general welfare of the community nor does it violate the spirit and integrity of this UDO.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9637, § II, 10-25-10)

Editor's note— Ord. No. 9637, § II, adopted Oct. 25, 2010, changed the title of § 30-21.11 from "Conditional approvals" to "Conditional approvals and development variance". This historical notation has been preserved for reference purposes.

Unless specified within this UDO or under the provisions of applicable laws, written findings are not required for a final decision on an application. However, any decision may be made specifically subject to the subsequent adoption of written findings. In this latter instance, that decision shall not be final until the written findings are adopted. Where written findings are required by an appeal to the Circuit Court of Clay County, these findings shall be adopted within forty-five (45) days of the court's decision and shall be certified to the court as part of the administrative record. This 45-day time period may be extended with the permission of the circuit court.

(Ord. No. 8804, § I, 4-11-05)

A decision to approve, approve with conditions, or deny an application, where the adoption of an ordinance or resolution is required, shall be final on the date the application is voted upon by the city council. A decision to approve, approve with conditions, or deny an application, where the approval of the director is required, shall be final on the date the director issues a letter of decision.

(Ord. No. 8804, § I, 4-11-05)

Any appeal of a decision of the director, staff, planning and zoning commission, or historic district review commission shall be made to the appropriate appellate authority within thirty (30) days of the decision and shall include the application, the decision to be appealed, and all other necessary information required for review of the appeal. Any appeal of a decision by the city council shall be made to the circuit court within thirty (30) days of the decision.

(Ord. No. 8804, § I, 4-11-05)

All applications to amend the UDO, the official zoning map or the comprehensive plan, obtain a variance for a development application, or obtain a special use permit shall be submitted for the next regularly-scheduled public hearing of the commission and city council following the appropriate public notice.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9637, § III, 10-25-10)

Unless otherwise specifically provided for in this UDO, all publication notices for public hearings required by this UDO shall be published in one issue of a newspaper of general circulation in the city. At least fifteen (15) days shall elapse between the date of the publication and the date set for hearing. The notice shall state the time and place of the public hearing and contain a general statement regarding the purpose of the application. Where the hearing is for consideration of changes in the text of this UDO or a general revision of the boundaries of zoning districts, the notice shall contain a statement regarding the proposed changes to the UDO or to the boundaries of the district. Where the hearing is for an application that relates to specific property, the property shall be identified by general location description or street address.

(Ord. No. 8804, § I, 4-11-05)

For such applications that require a public hearing and affect a particular property or area, the city should provide notice to property owners within one hundred eighty-five (185) feet from the affected area. Said notice may be in the form of a written letter that states the time and place of the public hearing, and includes a general statement regarding the application, the general street location of the subject property, and a statement explaining that the public will have an opportunity to be heard. In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement explaining that property owners within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the affected area shall have the opportunity to submit a protest petition. Failure to send written notice shall not invalidate any action taken on the application.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9813, § I, 12-19-2011)

The purpose of regulating land disturbance is to ensure the proper grading or clearing of land such that it conforms with the provisions of this UDO and does not adversely affect sensitive or unique ecological and topographical features.

(Ord. No. 8804, § I, 4-11-05)

Any act of grading or clearing which shall significantly alter the site or have an adverse effect on surrounding properties shall require a land disturbance permit in accordance with the provisions of this article. Any act of grading or clearing which shall occur prior to final approval of a grading plan, landscape plan, public works improvement, or development plan shall require a land disturbance permit in accordance with the provisions of this article.

(Ord. No. 8804, § I, 4-11-05)

Land disturbance applications shall include the following information:

(1)

A completed application form as provided by the city;

(2)

Address or legal description of the subject property;

(3)

Proof of ownership or control of the subject property;

(4)

Documentation from the state indicating a land disturbance permit has been issued or is not necessary, plus copies of any other applicable state permits;

(5)

Map depicting the general location of the property;

(6)

Description of the proposed disturbance, including existing and proposed contours of land at 5-foot intervals;

(7)

Location and size of sensitive ecological or topographical areas including channels, ponds, groves of trees or trees greater than eight (8) inches in caliper, floodplain, or steep slopes; and

(8)

Any other information or studies deemed necessary to conduct a thorough analysis of the application, including but not limited to a stormwater analysis, a traffic study, or an environmental impact study.

(Ord. No. 8804, § I, 4-11-05)

An application for land disturbance shall not be approved unless the following criteria are met:

(1)

The site is not altered in a way that would adversely impact surrounding properties;

(2)

Sensitive and unique ecological and topographical areas are preserved where possible;

(3)

Groves of trees or trees greater than 8-inch caliper are preserved where possible;

(4)

The land to be disturbed is limited to those areas which are necessary for construction or grading; and

(5)

Natural or man-made erosion controls are installed in accordance with city standards.

(Ord. No. 8804, § I, 4-11-05)

The director shall review applications to ensure compliance with the approval criteria and may approve, approve with conditions, or deny the application. If a land disturbance application is denied, the applicant may appeal the decision to the planning and zoning commission and city council.

(Ord. No. 8804, § I, 4-11-05)

The purpose of this section is to provide a process for the rezoning of property and amendment to the official zoning map in accordance with the recommendations of the comprehensive plan.

(Ord. No. 8804, § I, 4-11-05)

Any application to use or develop a parcel of land under the guidelines of a different zoning district than its present designation shall require a rezoning and modification of the official zoning map and shall meet the provisions of this article. Any use allowed by special use permit in accordance with this UDO shall not require a rezoning.

No property shall be rezoned to districts R-1A, R-1B, R-2, R-3, R-4, R-6, R-7, RMP, PD, C-3, CBS, or M-2.

(Ord. No. 8804, § I, 4-11-05)

Applications to rezone property and modify the official zoning map shall include the following information:

(1)

A completed application form as provided by the city;

(2)

Legal description of the subject property;

(3)

Proof of ownership or control of the subject property;

(4)

Description of the proposal;

(5)

Map depicting the general location of the property;

(6)

Preliminary development plan;

(7)

Names and addresses of property owners within one hundred eighty (185) feet of the project boundary; and

(8)

Any other information or studies deemed necessary to conduct a thorough analysis of the application, including but not limited to a stormwater analysis, a traffic study, or an environmental impact study.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9813, § II, 12-19-11)

In considering any rezoning application, the following criteria shall be utilized to evaluate the application:

(1)

The conformance of the proposed rezoning to the comprehensive plan and other adopted planning policies.

(2)

The effect the proposed rezoning will have on properties in the general vicinity.

(3)

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

(Ord. No. 8804, § I, 4-11-05)

(1)

All rezoning applications shall be considered by the commission and a recommendation shall be forwarded to the city council for a final determination, which shall take the form of an ordinance.

(2)

All rezoning applications shall require a public hearing as prescribed in this UDO.

(3)

If a protest against a proposed change to the official zoning map is submitted in writing to the director, duly signed and acknowledged by the owners of thirty (30) per cent or more either of the areas of land (exclusive of streets and alleys) included within 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, a two-thirds (⅔) favorable majority of all members of council shall be required for the application to be approved.

(4)

The commission may recommend and the city council may approve a change in zoning that is equal to or more restrictive than that requested by the applicant, if it is within the same category of uses as that district requested and found to be in compliance with the comprehensive plan.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9559, § II, 3-22-10)

The division of the city into zoning districts is based upon the principle that similar conditions prevail throughout a particular district. For particular uses of land that, because of their unique character or potential impacts on adjacent land uses, are not permitted in certain zoning districts as a matter of right, the city may grant a special use permit under certain conditions.

(Ord. No. 8804, § I, 4-11-05)

A special use permit may be granted for those unique uses as listed in this article.

(Ord. No. 8804, § I, 4-11-05)

Applications for special use permits shall include the following information:

(1)

A completed application form as provided by the city;

(2)

Legal description of the subject property;

(3)

Proof of ownership or control of the subject property;

(4)

Description of the proposal that specifically describes the function, operation and duration of the proposed use;

(5)

Map depicting the general location of the property;

(6)

A final development plan, when applicable;

(7)

Names and addresses of property owners within one hundred eighty-five (185) feet of the project boundary; and

(8)

Any other information deemed necessary to conduct a thorough analysis of the application, including but not limited to a stormwater analysis, a traffic study, or an environmental impact study.

(Ord. No. 8804, § I, 4-11-05)

An application for a special use permit shall not be approved unless the following criteria are met:

(1)

The proposed use is consistent with the intent of the city's comprehensive plan;

(2)

The proposed use is one specifically permitted by this article or, as an exception, any previously granted special use permit may be considered for renewal;

(3)

The proposed use does not adversely impact the public health, safety, comfort or general welfare;

(4)

The proposed use conforms to all conditions and performance standards as set forth herein;

(5)

The proposed use does not adversely impact the public infrastructure system; and

(6)

The proposed use is compatible with the use, scale, orientation and setback of properties in the general vicinity.

(Ord. No. 8804, § I, 4-11-05)

(1)

All special use permit applications shall be considered by the commission and a recommendation shall be forwarded to the city council for a final determination, which shall take the form of a resolution.

(2)

All special use permit applications shall require a public hearing as prescribed in this UDO.

(3)

If a protest against a special use permit application is submitted in writing to the director, duly signed and acknowledged by the owners of thirty (30) per cent or more either of the areas of land (exclusive of streets and alleys) included within 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, a two-thirds (⅔) favorable majority of all members of council shall be required for the application to be approved.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9559, § III, 3-22-10)

Only the uses identified on the following list shall be considered for a special use permit. A determination as to the requirement of providing adequate public facilities in accordance with Article VI to each of the following uses shall be made at the discretion of the director.

(1)

Attached single-family dwellings on in-fill lots; or attached single-family or low density multi-family structures in the RN, neighborhood residential district and RNC, neighborhood conservation residential district, in accordance with the following provisions:

a.

The structure shall maintain the visual style and character of the surrounding neighborhood;

b.

The structure shall complement the setbacks, building scale, parking, building and garage orientation of the neighborhood;

c.

The site design shall respect the natural topography of the site and promote the preservation of existing trees and vegetation;

(2)

Adaptive reuses in the RNC, neighborhood conservation residential districts, provided the use and density is similar to the original intent of the property.

(3)

Bed and Breakfast establishments, except as allowed outright as set forth in this UDO, in accordance with the following provisions:

a.

The owner or provider of the bed and breakfast establishment is the principal resident of the dwelling and there are no employees except immediate members of the family household;

b.

A minimum of two (2) off-street parking spaces, plus one per guestroom, shall be provided;

c.

A maximum of four (4) guestrooms are provided;

d.

There shall be no change in the residential appearance of the structure;

e.

Signage shall be limited to the following:

(i)

One non-illuminated attached sign not exceeding four (4) square feet in area; and

(ii)

One freestanding sign in accordance with the following provisions:

1.

The sign shall respect the character of the area;

2.

The sign shall be located within twenty (20) feet of the main entrance to the business;

3.

The signboard shall not exceed six (6) square feet in area;

4.

The height of the top of the signboard, post, or any other supporting elements shall not exceed six (6) feet; and

5.

The sign may be lit by directed exterior illumination only.

f.

No food preparation, except beverages, is allowed within the individual guestrooms.

(4)

Inns, in accordance with the following provisions:

a.

An inn shall be restricted to no more than twelve (12) guest rooms;

b.

The length of stay for any guest shall be limited to thirty (30) consecutive days;

c.

Food preparation shall not be permitted in any guest room;

d.

The exterior appearance of the site and structure shall complement the character of the surrounding neighborhood;

e.

A minimum of two (2) off-street parking spaces plus one per guest room shall be provided; and

f.

Accessory services that are available exclusively to overnight guests may be offered.

(5)

Long-term care facilities or elderly apartments and associated accessory uses, in accordance with the following provisions:

a.

Sufficient off-street parking spaces shall be provided for occupants and staff persons to meet the parking demands of the facility; and

b.

The site design shall include preserved open space.

(6)

Transitional housing facilities in accordance with the following provisions:

a.

No facility shall be located within one mile of another facility;

b.

A maximum of twenty-five (25) occupants shall be allowed to reside in a facility at one time, excluding staff;

c.

A minimum of two hundred (200) square feet of floor area shall be provided per occupant;

d.

The facilities shall be designed to be architecturally compatible with other structures in the immediate vicinity of the site, and in the case of the conversion of an existing structure, all exterior alterations shall be architecturally compatible with surrounding structures;

e.

Sufficient off-street parking spaces shall be provided for occupants and staff persons to meet the parking demands of the facility; and

f.

A minimum of one qualified staff person shall remain on site at all times to supervise the operation of the facility.

(7)

Group care facility, provided each facility is at least one thousand five hundred (1,500) feet from any other facility.

(8)

Commercial uses in the RNC, neighborhood conservation residential district, in accordance with the following provisions:

a.

The use shall not adversely impact the surrounding area;

b.

The proposed site is adjacent to a commercially zoned area;

c.

There shall be no change in the residential appearance of the structure; and

d.

Signage shall be limited to the following:

(i)

One non-illuminated attached sign not exceeding four (4) square feet in area; and

(ii)

One freestanding sign in accordance with the following provisions:

1.

The sign shall respect the character of the area;

2.

The sign shall be located within twenty (20) feet of the main entrance to the business;

3.

The signboard shall not exceed six (6) square feet in area;

4.

The height of the top of the signboard, post, or any other supporting elements shall not exceed six (6) feet; and

5.

The sign may be lit by directed exterior illumination only.

(9)

Commercial uses in residential structures in the MU, mixed-use district, in accordance with the following provisions:

a.

The use shall not adversely impact the surrounding area;

b.

There shall be no change in the residential appearance of the structure;

c.

Signage shall be limited to the following:

(i)

One non-illuminated attached sign not exceeding four (4) square feet in area; and

(ii)

One freestanding sign in accordance with the following provisions:

1.

The sign shall respect the character of the area;

2.

The sign shall be located within twenty (20) feet of the main entrance to the business;

3.

The signboard shall not exceed (6) square feet in area;

4.

The height of the top of the signboard, post, or any other supporting elements shall not exceed six (6) feet; and

5.

The sign may be lit by directed exterior illumination only.

(10)

Adult entertainment establishments in the C-3, highway commercial district, in accordance with Chapter 7, Article XII of the Liberty City Code.

(11)

Athletic fields, private.

(12)

Auditoriums or stadiums.

(13)

Aviation fields.

(14)

Buildings, structures or premises for public utility services.

(15)

Campgrounds or recreational vehicle parks.

(16)

Cemeteries, mausoleums or crematories.

(17)

Commercial storage of recreational vehicles and boats in the A, agriculture district or the R-1A, suburban residential district.

(18)

Commercial uses in the M-2, general industrial district, provided adequate off-street parking is made available to the use in accordance with Article XIII of this UDO.

(19)

Drive-in theaters.

(20)

Exposed monopole communication towers, in accordance with Article XII of this UDO and the wireless communications plan.

(21)

Feedlots and stockyards in the A, agriculture district.

(22)

Golf courses or driving ranges.

(23)

Gun clubs, skeet shoots or target ranges.

(24)

Heavy industrial uses in the M-2, general industrial district.

(25)

Kennels in the A, agriculture; BP, business park; M-1, light industrial or M-2, general industrial districts, provided that a buffer to adjacent properties is provided.

(26)

Landfills or recycling centers in the A, agriculture district or the M-2, general industrial district.

(27)

Mines or quarries in the A, agriculture district or the M-2, general industrial district.

(28)

Penal or correctional facilities.

(29)

Private club facilities or event centers not otherwise allowed by zoning code.

(30)

Private educational or religious facilities and associated accessory uses.

(31)

Race tracks.

(32)

Radio, television or microwave towers.

(33)

Recreational parks.

(34)

Riding stables.

(35)

Sale and display areas for mobile or modular homes, recreational vehicles or boats in the C-3, highway commercial district or the M-2, general industrial district.

(36)

Salvage yards in the M-2, general industrial district.

(37)

Truck stops.

(38)

Workshops or light industrial uses in commercial districts within existing structures only.

(39)

Temporary use of modular units for office purposes in accordance with the following provisions:

a.

Occupation of such units may only occur during the period of time in which on-site expansion to existing facilities is ongoing; and

b.

The unit shall be installed in accordance with a temporary building permit to be issued by the city.

(40)

Retail sale of fireworks, with the following provisions:

a.

In addition to the requirements listed in [section] 30-25.2, the applicant shall submit a site plan at the time of application. At a minimum, this site plan must:

i.

Clearly outline existing property lines and any existing and proposed structures. This includes the location and size of the proposed tent and storage structure, signage, parking facilities, restroom facilities, power source, ingress and egress, and site circulation.

ii.

Show setback distances between the proposed tent, structures, curbs and property lines in conformance with the underlying zoning district and in conformance with all State of Missouri regulations governing the public sale of fireworks.

iii.

Include north arrow and identify adjoining streets.

iv.

Indicate the total square footage of the tent and any proposed connections to utilities including water and electric.

b.

No fireworks tent may be erected within three hundred (300) feet of any structure.

c.

A one thousand five hundred dollar ($1,500.00) fireworks permit fee is required for each application along with the standard application fee for a special use permit, a license to do business in the city, proof of insurance, and proof of all prior years' sales taxes remitted (if applicable). In addition, the applicant shall furnish a one thousand five hundred dollar ($1,500.00) cleanup deposit to the city, to be held for the duration of the special use period. The full amount of the deposit will be refunded to the permit holder upon successful demonstration to the director that the permit holder has cleaned the permitted location of trash, litter, debris, gravel, signs and temporary structures per a uniform checklist provided by the city and; has restored the site to its prior or approved condition, whether this be natural or developed. All fees and cleanup deposit are due upon the date of application.

d.

Failure to remediate all items on said checklist and/or restore the site to its prior or approved condition within two (2) weeks of the end of sale or the following business day thereafter shall result in the forfeiture of the one thousand five hundred dollar ($1,500.00) cleanup deposit and subject the permit holder to disqualification from future fireworks permits in the city.

e.

Signage for all fireworks tents shall conform to the sign regulations in place for the underlying zoning district.

f.

The applicant is required to distribute to each customer and post in a conspicuous place on the property a pamphlet that describes the dates, times and conditions during which fireworks may be used. One master copy of this pamphlet will be provided to the applicant upon approval of the application.

g.

The sale of fireworks shall not extend beyond July 4 of the given year.

(41)

Home occupation to be conducted within an accessory structure.

(42)

Utility boxes, in accordance with section 30-81.4, Accessory utility uses and facilities; all districts.

(43)

Short-term loan establishments and pawn shops in accordance with the following provisions:

a.

No such establishment shall be located within five thousand two hundred eighty (5,280) feet of another short-term loan establishment or pawn shop. When measuring separation distances between establishments on the same lot, the distance shall be measured from the front door of each of the establishments.

b.

No such establishment shall be located adjacent to and within two hundred (200) feet of a residential, church, park, or school property.

c.

Such establishment may be operated only as a principal use of a property and may not be accessory to any other use. A short-term loan establishment may not operate any accessory uses.

d.

No permit shall be issued for a short-term loan establishment where it is determined that the total number of such facilities will exceed a population density factor of one such establishment per fifteen thousand (15,000) residents based on the last decennial census.

(44)

Renewable energy facilities for commercial use or nonconforming accessory facilities.

(45)

Outdoor sales events not otherwise allowed by temporary use permit.

(46)

Home occupations not otherwise allowed by right under accessory uses.

(47)

Storage facilities in accordance with the following provisions:

a.

The business is in the C-3, M-1, or PD zoning district;

b.

The business is not within 200 feet of a residentially zoned property; and

c.

Parking may be determined on as as-needed basis.

(48)

Car washes in accordance with the following provisions:

a.

The business is in the CBS, C-1, C-2, C-3, M-1, and PD zoning district; and

b.

The business is not within two hundred (200) feet of a residentially zoned property.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9056, § I, 11-27-06; Ord. No. 9265, § I, 2-11-08; Ord. No. 9416, § II, 2-9-09; Ord. No. 9432, § I, 3-23-09; Ord. No. 9559, § IV, 3-22-10; Ord. No. 9812, § I, 12-19-2011; Ord. No. 10008, § I, 1-28-2013; Ord. No. 10519, § II, 2-8-16; Ord. No. 11120, § II, 7-8-19; Ord. No. 11182, § II, 11-25-19)

(1)

Operation of an approved special use permit shall expire should any of the following circumstances occur:

a.

The term of the permit has expired;

b.

In the case of new construction, if the necessary building permits have not been issued in accordance with the approved permit within two (2) years from the date of approval;

c.

The approved use ceases operation for a period of twelve (12) consecutive months; or

d.

The approved use changes site location.

(2)

Should any special use permit be reported to be in non-conformance with the terms of approval, the permit shall be subject to revocation by resolution of the city council after a public hearing. Said permit shall be revoked upon determination of any of the following:

a.

The use is in violation of any of the findings as set forth in this UDO; or

b.

The use is found not to comply with any of the stated conditions of such special use permit.

(Ord. No. 8804, § I, 4-11-05)

A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district but may otherwise be acceptable because of their temporary nature and are required to be removed following the expiration of the permit.

(1)

A temporary use permit shall be required for any outdoor special event that is advertised publicly, open to the general public, a commercial event, or in which admission fees are charged. Any private property shall be limited to one event for any given month and each event shall be limited to five (5) days in duration. An exception to the requirements may be granted at the discretion of the city administrator, if the event is an annual celebration, or of a community-wide interest.

(2)

A temporary use permit may be granted for the outdoor sale of items that are for sale by the primary business on site, and for fundraising sales by nonprofit organizations. All other outdoor sales events require a special use permit.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9559, § V, 3-22-10; Ord. No. 10178, § I, 2-24-14)

All applications for temporary use permits shall be received at least two (2) weeks prior to the scheduled event and shall include the following information:

(1)

A completed application form as provided by the city;

(2)

Identification of the specified parcel of land where the event is to be located;

(3)

A map or site plan of the property where the event is to be located depicting the event relative to the characteristics of the site;

(4)

A complete description of the proposed event, including hours of operation, proposed method of merchandise display, proposed signage, list of all goods to be sold and material and equipment to be used in the proposed operation;

(5)

A letter of permission from the property owner pertaining to the authorized use of the site and any other facilities or services necessary to provide for the safe operation of the event;

(6)

For any use of city-owned property, a certificate of liability insurance that meets current city minimum requirements shall be required;

(7)

For any use that includes the operation of a tent, a copy of the certificate of flame resistance;

(8)

For any use that requires a city occupational license, a copy of the license;

(9)

For any use that requires the closure of a public street, authorized permission from the Liberty Police Department. Fun runs or foot races that involve running, jogging, or walking that require the closure of a street shall be held only in a location prescribed by the city, and the applicant shall be required to pay a fee for traffic control in accordance with the city's fee schedule. Payment for city services shall be paid prior to the issuance of the permit;

(10)

For any use of a public park, authorized permission from the Liberty Parks and Recreation Department and compliance with the Liberty Parks and Recreation temporary use permit policy;

(11)

For any use that involves the processing and/or sale of food products, a copy of the temporary food establishment permit issued by the Clay County Health Department; and

(12)

Any other information deemed necessary to conduct a thorough analysis of the application, including, but not limited to, a stormwater analysis, a traffic study, or an environmental impact study.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9559, § VI, 3-22-10; Ord. No. 10178, § II, 2-24-14)

All events shall comply with the following performance standards:

(1)

Events shall demonstrate the ability to display merchandise in a manner that does not create a nuisance, cause a negative impact on surrounding property or detract from the visual quality of the city;

(2)

Signage for events shall be limited to one sign, not to exceed eight (8) square feet. The sign shall be attached to a vehicle or structure associated with the event;

(3)

No off-premises signs or attention-attracting devices shall be allowed;

(4)

Events shall be located in a manner that will not cause vehicular congestion or occupy required parking spaces for another use;

(5)

Upon expiration of the permit, all associated materials and equipment shall be promptly removed from the property;

(6)

If applicable, the applicant shall obtain a city occupational license and pay sales tax to the city; and

(7)

Other reasonable conditions of approval may be imposed to ensure the protection of the public health, safety and general welfare.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9559, § VII, 3-22-10)

If an event is operating without a required permit or should any such use operating under an authorized temporary use permit be found to be in violation of any of the performance standards or procedural rules set forth herein, the director may revoke the temporary use permit and cause the event to cease operation. After any such violation, the director may suspend the offender from receiving further permits for a period of up to one (1) year from the date that said permit was revoked.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9559, § VIII, 3-22-10)

The purpose of a development plan application is to ensure all development occurs in accordance with this UDO and other approved City development standards and policies.

(Ord. No. 8804, § I, 4-11-05)

(1)

A preliminary development plan shall be required for all rezoning applications; and

(2)

A preliminary development plan shall be required for such cases where significant changes have occurred to a previously approved preliminary development plan.

(Ord. No. 8804, § I, 4-11-05)

Applications for preliminary development plans shall include the following:

(1)

A completed application form as provided by the city;

(2)

Site assessment survey;

(3)

Proof of ownership or control of the subject property;

(4)

Preliminary site plan including the following:

a.

Name and address of owner and developer, north arrow, and graphic scale;

b.

General site details including, but not limited to fencing, final grade, retaining walls, screening, parking areas, access drives, sidewalks, trails, preserved natural areas, loading areas, lighting, utilitarian areas, buildings, easements;

c.

All riparian, wellhead protection, and floodplain buffers; and

d.

Information on properties within one hundred feet (100) feet of the subject site;

(5)

Topographical survey at 5-foot contours;

(6)

Conceptual building elevations for proposed construction;

(7)

Conceptual landscape plan including the following:

a.

Location of existing and proposed plantings, buffer areas, conservation easements and preservation areas; and

b.

Location of existing and proposed buildings, structures and improvements;

(8)

Preliminary utilities plan;

(9)

Preliminary stormwater management plan including the location of the 100-year flood plain;

(10)

Any other information or studies deemed necessary to conduct a thorough analysis of the application, including but not limited to a stormwater analysis, a traffic study, or an environmental impact study.

(Ord. No. 8804, § I, 4-11-05)

In evaluating an application for a preliminary development plan the following criteria shall be considered:

(1)

The plan substantially complies with the intent of the comprehensive plan;

(2)

The plan complies with the provisions of this UDO; and

(3)

The plan substantially complies with approved city development standards and policies.

(Ord. No. 8804, § I, 4-11-05)

(1)

Where a preliminary development plan is considered in conjunction with a rezoning, the commission shall consider the application and forward a recommendation to the city council. The city council shall take formal action on the application. Approval of the rezoning/preliminary development plan application shall take the form of an ordinance.

(2)

Where a preliminary development plan is considered as an amendment to a previously approved plan, the commission shall consider the application and forward a recommendation to the city council. The city council shall take formal action on the application. Approval of the application shall take the form of a resolution.

(Ord. No. 8804, § I, 4-11-05)

A final development plan shall be required for the following:

(1)

New parking lot or parking lot expansions;

(2)

Special use permit involving new construction or expansion;

(3)

Wireless communication facilities;

(4)

New construction or expansion of mixed use, commercial and industrial properties;

(5)

New construction or expansion of multi-family development and attached single-family dwelling units with more than two (2) units; and

(6)

Wind turbines in all districts.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9432, § II, 3-23-09)

(1)

Final development plan—Major. Any application meeting one or more of the following criteria:

a.

For commercial, industrial and mixed use development, new construction or additions more than ten thousand (10,000) square feet;

b.

Multi-family residential development and attached single-family dwelling units comprised of four (4) units or more; and

c.

A determination is made by the director that the application may have a significant impact on adjacent property or the community in general.

(2)

Final development plan—Standard. Any application meeting one or more of the following criteria:

a.

Parking lots comprised of more than fifty (50) stalls;

b.

Wireless communication facilities including co-locations, stealth structures and antennas, and low profile arrays;

c.

For commercial, industrial and mixed use development, new construction or additions less than or equal to ten thousand (10,000) square feet and more than one thousand (1,000) square feet.

d.

Multi-family residential development and attached single-family dwelling units comprised of (3) three units or less.

(3)

Final development plan—Minor. Any application meeting one or more of the following criteria:

a.

Parking lots comprised of fifty (50) stalls or less; and

b.

For commercial, industrial and mixed use development, new construction or additions less than or equal to one thousand (1,000) square feet; and

c.

Wind turbines as non-commercial accessory structures.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9432, § III, 3-23-09; Ord. No. 9638, § I, 10-25-10; Ord. No. 9691, § II, 4-11-2011; Ord. No. 9813, § III, 12-19-2011)

Applications for final development plans shall include the following:

(1)

A completed application form as provided by the city;

(2)

Proof of ownership or control of the subject property;

(3)

Site assessment survey;

(4)

Site plan including the following:

a.

Name and address of owner and developer, north arrow, and graphic scale;

b.

General site details including, but not limited to fencing, final grade, retaining walls, screening, parking areas, access drives, sidewalks, trails, preserved natural areas, loading areas, lighting, utilitarian areas, buildings, easements;

c.

All riparian, wellhead protection, and floodplain buffers; and

d.

Information on properties within one hundred (100) feet of the subject site;

(5)

Topographical survey at 5-foot contours;

(6)

Building elevations for proposed construction;

(7)

Landscape plan including the following:

a.

Location of existing and proposed plantings, buffer areas, conservation easements and preservation areas;

b.

Planting schedule; and

c.

Location of existing and proposed buildings, structures and improvements.

(8)

Phasing plan;

(9)

Utilities plan;

(10)

Stormwater management plan including the location of the 100-year flood plain;

(11)

Any other information or studies deemed necessary to conduct a thorough analysis of the application, including but not limited to a stormwater analysis, a traffic study, or an environmental impact study.

(Ord. No. 8804, § I, 4-11-05)

In evaluating an application for a final development plan, the following criteria shall be considered:

(1)

The plan substantially complies with the intent of the comprehensive plan;

(2)

The plan complies with the provisions of this UDO;

(3)

The plan substantially complies with approved city development standards and policies; and

(4)

The plan substantially complies with the approved preliminary development plan, where applicable.

(Ord. No. 8804, § I, 4-11-05)

(1)

All major applications shall be reviewed by the commission which shall then forward a recommendation to the city council. The city council shall take formal action on the application. Approval of the application shall take the form of a resolution.

(2)

All standard and minor applications may be approved administratively.

(Ord. No. 8804, § I, 4-11-05)

Following the approval of the final development plan, any revisions to the plan shall be made as follows:

(1)

Revisions that alter the final plan but substantially conform to the character, size, density, or use of the approved plan may be approved administratively;

(2)

Major revisions or amendments that significantly alter the character, size, density or use of the plan shall require a new plan to be reviewed by the commission which shall then forward a recommendation to the city council. The city council shall take formal action on the application. Approval of the application shall take the form of a resolution.

(Ord. No. 8804, § I, 4-11-05)

(1)

The purpose of a plat is to provide a process for the orderly development and division of land within the city and to ensure that development occurs in a manner that allows the areas to be served by public infrastructure and services.

(2)

Prior to the development of land, it is necessary for a plat to be approved and recorded with the Clay County Recorder of Deeds.

(Ord. No. 8804, § I, 4-11-05)

(1)

Any division of land where each lot contains a minimum of fifteen (15) acres.

(2)

Land that is defined by city block designation that is adequately served by public facilities.

(Ord. No. 8804, § I, 4-11-05)

(1)

Lot split. Any application to subdivide or reconfigure three (3) or fewer lots where all lots are served by adequate public facilities.

(2)

Plat. Any application to subdivide or reconfigure land which either involves the subdivision or reconfiguration of four (4) or more lots or requires the extension of public facilities.

(Ord. No. 8804, § I, 4-11-05)

The purpose of a lot split application is to allow for the minor subdivision of land where all proposed lots front on an existing public street, no public improvements are required, and the application affects three (3) or fewer lots.

(Ord. No. 8804, § I, 4-11-05)

An application for a lot split survey shall include the following:

(1)

A completed application form as provided by the city;

(2)

Site assessment survey;

(3)

Proof of ownership of the land or written authorization from the property owner;

(4)

Tax certificates from both the city and county, stating that all taxes and encumbrances have been satisfied;

(5)

A copy of any private restrictions affecting the subdivision or any part thereof for future reference by the city;

(6)

Subordination of any existing easements where in conflict with proposed easements or rights of way;

(7)

Lot split survey including the following information:

a.

Name of subdivision, north arrow, and scale;

b.

Name and address of applicant and surveyor;

c.

Location by section, township, range, county, and state;

d.

Legal description of all tracts and lots involved in the lot split;

e.

Location of existing and proposed property lines of all tracts and lots involved in the lot split;

f.

Location of building lines, easements, rights-of-way, streets, alleys, sidewalks, parkland, utilities, drainage, and other features necessary to ensure the proper division of land;

g.

Names of abutting streets;

h.

The appropriate signature block as provided by the city;

i.

Preparer's stamp and signature;

j.

All riparian, wellhead protection, and floodplain buffers;

k.

For those lots in close proximity to the floodplain, a minimum low opening (MLO), which shall be included on each affected lot;

(8)

Where necessary, a separate plan, to scale, indicating the location of existing buildings relative to all tracts and lots involved in the lot split; and

(9)

Any other information or studies deemed necessary to conduct a thorough analysis of the application, including but not limited to a stormwater analysis, a traffic study, or an environmental impact study.

(Ord. No. 8804, § I, 4-11-05)

A lot split application shall not be approved unless the following criteria are met:

(1)

The lot split application substantially complies with the intent of the comprehensive plan;

(2)

The lot split application complies with the provisions of this UDO;

(3)

The lot split application substantially complies with approved city development standards and policies;

(4)

No public improvements are required; and

(5)

All appropriate easements and dedications are completed prior to the recordation of the plat.

(Ord. No. 8804, § I, 4-11-05)

(1)

The director and the city engineer shall review applications to ensure compliance with the approval criteria. If unique conditions exist, the director or city engineer may recommend a lot split application be reviewed by the planning and zoning commission and acted on by the city council.

(2)

If a lot split application is denied, the applicant may appeal the denial to the planning and zoning commission which would make a recommendation to the city council. City council shall take formal action on the application. Approval of the application shall take the form of an ordinance.

(Ord. No. 8804, § I, 4-11-05)

Upon approval of the application, the applicant shall supply the city with a final Mylar print, two (2) quality paper copies with all appropriate original signatures, and a digital version acceptable by the city to be recorded with the office of the Clay County Recorder of Deeds.

(Ord. No. 8804, § I, 4-11-05)

(1)

A preliminary plat shall be required for the general subdivision of land to ensure the layout of a proposed subdivision conforms to the comprehensive plan and this UDO and does not constitute acceptance of the subdivision, but rather an authorization to proceed to the development of a final plat.

(2)

A preliminary plat application is required prior to the consideration of a final plat application. A revised preliminary plat application may be required if a final plat application does not significantly conform to the approved preliminary plat.

(Ord. No. 8804, § I, 4-11-05)

An application for a preliminary plat shall include the following:

(1)

A completed application form as provided by the city;

(2)

Site assessment survey;

(3)

Proof of ownership of the land or written authorization from the property owner;

(4)

A preliminary plat including the following information:

a.

Legal description of the subject property;

b.

Vicinity map showing the general location of the proposed development in relation to its surroundings;

c.

Name of subdivision, north arrow, date and scale;

d.

Name and address of applicant;

e.

Location by section, township, range, county, and state;

f.

The appropriate signature block as provided by the city;

g.

Preparer's stamp and signature;

h.

All riparian, wellhead protection, and floodplain buffers;

i.

Existing conditions of the site and areas within two hundred (200) feet of the boundary, including but not limited to topography at 5-foot intervals, adjacent subdivisions and property owners, all utilities, easements, rights of way, streets, alleys and other public land, buildings and structures, property lines, and any prominent natural features or ecologically sensitive areas;

j.

Proposed development including utilities, rights of way, easements, streets with names, alleys, sidewalks and trails, parkland, lots with dimensions and area, total number of lots with identification, average density of the development, private open space, conservation areas, phasing;

(5)

Preliminary stormwater analysis;

(6)

When necessary, preliminary public improvements plan; and

(7)

Any other information or studies deemed necessary to conduct a thorough analysis of the application, including but not limited to a stormwater analysis, a traffic study, or an environmental impact study.

(Ord. No. 8804, § I, 4-11-05)

A preliminary plat application shall not be approved unless the following criteria are met:

(1)

The preliminary plat substantially complies with the intent of the comprehensive plan;

(2)

The preliminary plat complies with the provisions of this UDO; and

(3)

The preliminary plat substantially complies with approved city development standards and policies.

(Ord. No. 8804, § I, 4-11-05)

All preliminary plat applications shall be reviewed by the commission which shall then forward a recommendation to the city council. The city council shall take formal action on the application. Approval of the application shall be in the form of a resolution.

(Ord. No. 8804, § I, 4-11-05)

A final plat shall be required for the general subdivision of land to ensure the layout of a proposed subdivision conforms to the comprehensive plan and this UDO and to provide a complete and exact subdivision plat, prepared for the official public record to define property boundaries and public improvements.

(Ord. No. 8804, § I, 4-11-05)

An application for a final plat shall include the following:

(1)

A completed application form as provided by the city;

(2)

Proof of ownership of the land or written authorization from the property owner;

(3)

Tax certificates from both the city and county, stating that all taxes and encumbrances have been satisfied;

(4)

A copy of any private restrictions affecting the subdivision or any part thereof for future reference by the city;

(5)

Subordination of any existing easements where in conflict with proposed easements or right-of-way;

(6)

A final plat including the following information:

a.

Descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions of second order surveying accuracy. Final plat shall show ties to the state plane coordinate system. All calculations shall be furnished showing bearings and distances of all boundary lines and lot lines;

b.

Location of boundaries in accordance with regulations set forth by the State of Missouri.

c.

The subdivision survey shall conform to the procedures as defined in the current "Minimum Standards for Property Boundary Surveys", as established in the Missouri Code of State Regulations;

d.

Location of lots, tracts, rights-of-way, parkland and other features with accurate dimensions in feet and decimals of feet, with the length and radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot lines;

e.

Identification of all lots and tracts;

f.

Names of all streets to be dedicated;

g.

Location and width of all easements to be dedicated;

h.

Building setback lines on front and side streets, including dimensions;

i.

Name of subdivision, north arrow, date and scale;

j.

Name and address of applicant;

k.

Location by section, township, range, county, and state;

l.

The appropriate signature block as provided by the city;

m.

Preparer's stamp and signature;

n.

Appropriate dedication language as provided by the city; and

o.

All riparian, wellhead protection, and floodplain buffers.

(7)

Public works elements prepared in accordance with the latest edition of the city's Technical Specification and Design Criteria for Public Improvement Projects and the city's Stormwater Management Ordinance and including the following information:

a.

Plans and profiles of all public streets indicating sidewalks, street light locations, signage and landscaping;

b.

Sanitary sewer plans and profiles;

c.

Water supply and distribution plans;

d.

Stormwater and drainage plans indicating culverts, bridges, underground pipe, improved channels, and natural waterways where appropriate;

e.

Grading and erosion control plans; and

(8)

Any other information or studies deemed necessary to conduct a thorough analysis of the application, including, but not limited to, a stormwater analysis, a traffic study, or an environmental impact study.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10946, § I, 8-27-18)

A final plat application shall not be approved unless the following criteria are met:

(1)

The final plat substantially complies with the intent of the comprehensive plan;

(2)

The final plat complies with the provisions of this UDO;

(3)

The final plat substantially complies with approved city development standards and policies;

(4)

The final plat substantially conforms to the approved preliminary plat;

(5)

All public works elements have been designed to city specifications and certified by the city engineer; and

(6)

All necessary easements, dedications, vacations, and other agreements have been accepted or approved.

(Ord. No. 8804, § I, 4-11-05)

(1)

All final plat applications shall be reviewed by the commission which shall then forward a recommendation to the city council. The city council shall take formal action on the application. Approval of the application shall take the form of an ordinance.

(2)

Hardship. If any mandatory provisions of this UDO are shown by the developer to be unreasonable and cause undue hardship as they apply to the proposed development, the city council may grant a modification to the applicant from these mandatory provisions, so that substantial justice may be done and the public interest secured; provided that the modification will not have the effect of nullifying the intent and purpose of this UDO.

(Ord. No. 8804, § I, 4-11-05)

Upon approval of city council, the applicant shall submit one Mylar copy, two (2) quality paper copies and a digital copy of the final plat to the department of planning and development to be recorded with the office of the Clay County Recorder of Deeds.

(Ord. No. 8804, § I, 4-11-05)

(1)

Public works permits. Public works permits are necessary for the construction of all required public improvements that will serve the development.

(2)

Maintenance guarantee. Prior to the issuance of any public works permits, the applicant shall provide satisfactory surety in the form of a bond, cash, or securities guaranteeing the installation of all improvements. An acceptable maintenance bond shall be provided for public works improvements in the amount of the contract price of any improvement against defects in workmanship and materials for a period of two (2) years from the date of acceptance of the improvements. The bond shall be filed with the department of public works prior to the issuance of permits.

(3)

Standards and specifications. All improvements required under these provisions shall be constructed in accordance with the design standards and plan requirements of this UDO, the standards and specifications of the city, and where applicable, the requirements and authorization of the appropriate state agency and utility company.

(4)

Inspections. All of the standard improvements shall be subject to inspection and approval of the city engineer who shall be notified at least twenty-four (24) hours prior to the start of construction.

(5)

Condition of acceptance. Prior to requesting final acceptance of streets, sanitary sewers, storm sewers, and public lands, the developer shall furnish the construction record drawings in reproducible form and the final plat and construction record drawings in an electronic format as specified by the city engineer. The city may, within thirty (30) days after the public improvements and public lands have been offered for dedication to the city, accept the improvements and public lands, provided the improvements have been constructed in accordance with the requirements and conditions of this UDO and the specifications of the city, and that land dedications are offered in good condition appropriate to the intended public use. Developers shall furnish proof that all improvements are free of liens and debts.

(Ord. No. 8804, § I, 4-11-05)

Following the approval of a final plat, revisions and adjustments to a boundary, the shape of a lot, or the number of total lots may be made through an application to re-plat. It shall be at the discretion of the director to require a new final plat if the revision is significant or greatly alters the intent of the preliminary or final plat. An application to re-plat shall follow the same procedure as a final plat.

(Ord. No. 8804, § I, 4-11-05)