Mission City Zoning Code
CHAPTER 455
Subdivisions
Section 455.010 Definitions.
[Ord. No. 1007 §16-301, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.010), 9-24-2003]
As used in this Chapter, the following terms shall have these prescribed meanings:
A minor way, dedicated for public use, which is used primarily for vehicular access to the sides or rear of lots.
A parcel of land entirely surrounded by streets or highways or as otherwise determined by the City Engineer.
The duly adopted Comprehensive Plan for the City of Mission, including subsequent amendments.
A street having one (1) end open to traffic and being permanently terminated by vehicular turnaround.
A permanent or temporary grant of right by a property owner, to the public, a corporation or other persons, of the use of a strip of land for specified purposes. Ownership of said strip of land shall remain with the property owner.
A drawing of a permanent nature showing the precise location and dimension of such features as streets, lots, easements and other elements pertinent to transfer of ownership and prepared for permanent record.
A thoroughfare controlled and maintained by the Kansas State Highway Department.
Street pavement, curbs, drainage facilities, sidewalks, utility lines, street markers, trees and bridges.
A portion of a subdivision intended as a unit for transfer of ownership or for development.
The division of a lot into two (2) or more lots or portions thereof.
A drawing showing the proposed general patterns of streets, lots and land uses within a tract to be subdivided.
The allowing of a subdivision to deviate from one (1) or more specific standards and requirements of these rules and regulations.
A right-of-way which affords principal access to property abutting thereon, which right-of-way in owned, controlled and maintained by persons other than the public.
A right-of-way which affords principal means of vehicular access to property abutting thereon, which right-of-way has been dedicated to the public for such use.
A person, firm or corporation undertaking the subdividing of land.
Subdivision, except for "lot split" as defined above, means the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites or other division of less than five (5) acres, including a resubdivision of land and a vacation of streets, lots or alleys. The creation of a street, alley or other public way by dedication shall be deemed a subdivision.
Section 455.020 Procedure.
[Ord. No. 1007 §16-302.01, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.020), 9-24-2003]
All final plats of subdivision within the corporate limits of the City of Mission, Kansas, and as defined herein shall be submitted to the Planning Commission for its consideration and its recommendation, shall then be submitted to the Governing Body for its official consideration and action. No plat or other subdivision of property and no dedication or vacation of a public street or establishment of a private street shall be filed with the Register of Deeds as provided by law until approval shall have been endorsed thereon by the Planning Commission and Governing Body.
Section 455.030 Preliminary Plat - Preparation Conformance Required.
[Ord. No. 1007 §16-302.02, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.030), 9-24-2003]
A preliminary plat of the proposed subdivision shall be prepared by the subdivider or his/her agent and submitted to the Planning Commission for its consideration and approval. The Commission shall satisfy itself that the proposed street pattern and land use will conform to the Comprehensive Plan and Zoning Title and other local standards.
Section 455.040 Submission of Preliminary Plat - Scale - Contents.
[Ord. No. 1007 §16-302.03, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.040), 9-24-2003]
A.
Ten (10) prints of the preliminary plat shall be submitted to the Planning Commission at least ten (10) days before the meeting date at which approval is asked. The preliminary plat shall be drawn to a scale of one (1) inch to one hundred (100) feet or one (1) inch to two hundred (200) feet and shall contain the following:
1.
The proposed name of the subdivision and the names of adjacent subdivisions.
2.
The boundary lines of the tract with approximate dimensions.
3.
The general location, width and alignment of existing and proposed streets, sidewalks and any highways and alleys.
4.
The proposed use of land, whether for single-family, multi-family, commercial, industrial, parks, schools, etc.
5.
Topography of the area contained in the plat shown by two (2) foot or five (5) foot contour intervals.
6.
All platted or existing streets and property lines or land adjacent for a distance of not less than four hundred (400) feet.
7.
Approximate gradients of proposed streets within the plat.
8.
Indication on the plat of the ground floor area classification requested.
9.
The names of the subdivider, the firm responsible for preparation of the plat, north point, scale, date of preparation and any revisions, space for endorsement by the City Engineer and Planning Commission.
10.
A written statement relating how liquid wastes are to be handled, whether by sewers and an existing sewer district, a district yet to be formed, private treatment facility, etc.
11.
Drainage calculations, computed areas and preliminary drainage plan consistent with Master Plan of the City.
12.
Description on the preliminary plat of any existing streets or roads which abut, touch upon or extend through the subdivision. The description shall include types and widths of existing surfaces; right-of-way widths; and width, load-carrying capacity and waterway adequacy of any bridges or culverts. The preliminary plat shall also include a statement as to how the surface of any such roads or streets will be improved as part of the subdivision development process in order to comply with Section 455.290.
13.
General location of the limits of the 100-year frequency flood submitted for approval shall be shown on all preliminary plats.
Section 455.050 Hearing On Preliminary Plat - Approval - Denial.
[Ord. No. 1007 §16-302.04, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.050), 9-24-2003]
The Commission shall publish notification of and hold a public hearing on the preliminary plat, such notice to be published at least one (1) time in the City's legal newspaper not less than five (5) and not more than fifteen (15) days prior to the hearing date. Upon hearing all interested parties, the Commission shall approve or deny the preliminary plat as submitted or may approve the plat as submitted subject to specified changes. Upon denial, the subdivider may appeal the Commission's decision to the Governing Body who may affirm or reverse the same. Upon approval, any objector may appeal the Commission's decision to the Governing Body who may affirm or reverse the same.
Section 455.060 Approval of Preliminary Plat Not To Constitute Acceptance of Subdivision.
[Ord. No. 1007 §16-302.05, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.060), 9-24-2003]
Approval of the preliminary plat does not constitute acceptance of the subdivision but authorizes preparation of the final plat. No grading or improvements shall take place in the subdivision prior to approval and endorsement of the final plat and the submittal to and approval of construction plans by the City Engineer.
Section 455.070 Final Plat - Preparation - Conformance.
[Ord. No. 1007 §16-302.06, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.070), 9-24-2003]
After the preliminary plat has been approved by the Planning Commission or by the Governing Body on appeal, a final plat for record shall be prepared and submitted to the Planning Commission and, upon approval, to the Governing Body for final approval. The final plat must contain all or a portion of the area contained in the preliminary plat. The final plat must conform to the street patterns, lot size and pattern and other conditions of the preliminary plat as approved.
Section 455.080 Submission of Final Plat - Scale - Size - Contents.
[Ord. No. 1007 §16-302.07, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.080), 9-24-2003]
A.
Ten (10) prints, one (1) of which shall be on linen, of the final plat (eight (8) including linen copy will go to County) shall be submitted to the Planning Commission at least ten (10) days prior to the date of the meeting at which approval is asked. The plat shall be drawn to a scale of one (1) inch to one hundred (100) feet or one (1) inch to two hundred (200) feet or one (1) inch to fifty (50) feet. The size shall be no smaller than fourteen (14) by thirty-two (32) inches and no larger than thirty-six (36) inches by thirty-six (36) inches. Plat shall be on a single page only. The plat shall contain the following information:
1.
The name of the subdivision and adjacent subdivision, the names of streets which shall conform to the existing pattern with all east-west streets to be numbered and a system of lot and block numbers shown in an orderly sequence, including portions of adjoining plat, lot numbers and block numbers in light dashed lines.
2.
The numerical order of plats (1st Plat, 2nd Plat, etc.) or lot identification (Lots 1-10, Lots 26-421 etc.) shall be placed below the name of the plat. If replat or resurvey, so show.
3.
A boundary survey of third (3rd) order surveying accuracy (maximum closure error one (1) in five thousand (5,000)) which bearings and distances referenced to section or fractional section corners or other base line shown on the plat and readily reproducible on the ground. Such dimensions and bearings are to coincide with adjoining plats unless justification is shown for not so doing.
4.
The legal description shall match the drawing and a statement "shall be known as (name of plat)" indicated.
5.
Calculation sheets containing the following data: The length and radii of all curved streets and lot lines and the bearings and length of all straight street and lot lines and the area in square feet of each lot. Show that interior dimensions have been reconciled with exterior dimensions.
6.
The dimensions in feet and decimals of feet setback lines along front and side streets and the locations and dimension of all necessary easements shall be shown on the plat.
7.
Show a north arrow (up or to the left), the scale of the drawing as well as a graphic scale and the date of drawing.
8.
A vicinity map is required showing section, township and range at a scale of two (2) inches equals one (1) mile.
9.
A statement dedicating all easements, streets, alleys, access control and all other public areas not previously dedicated shall be made and undersigned by the owners; certification that all prior existing easement rights to any person, utility or corporation have been absolved on the parcels to be dedicated to public use. The person, utility or corporation shall retain whatever rights they would have as if located in a public street.
10.
The plat shall show the signature of owners, City Officials, notary and certification by a licensed engineer or registered land surveyor and dated. If owned by a corporation, the name, corporation and title of the officer signing. Names shall be typed below all signature lines.
12.
The consent and agreement clause should stipulate in or on the instrument that special assessments on dedicated land become and remain a lien on the remainder of the land fronting on or abutting such dedicated roads and streets. (See revised Statutes 19-1949 and 19-27, 101, 1953.)
13.
Submit for the appraiser the square footage of all areas other than building lots and dedicated streets. Please designate usage for areas.
Section 455.090 Regulation Governing Lot Splits.
[Ord. No. 1007 §16-302.08, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.090), 9-24-2003]
All lot splits must have Planning Commission and City Council approval. New lots so created must conform to current zoning width and depth requirements. Applications for lot splits must be accompanied by a survey showing the new lots to be created along with a legal description of each new lot.
Section 455.100 General.
[Ord. No. 1007 §16-303.01, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.100), 9-24-2003]
Care shall be exercised in this design and laying out of streets, lots and other elements that good planning principles are followed, efficient use is made of land and that natural assets such as trees and topography be retained wherever practical.
Section 455.110 Flood Considerations.
[Ord. No. 1007 §16-303.02, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.110), 9-24-2003]
Subdivision proposals shall be designed to assure that all such proposals are consistent with the need to minimize flood damage, that all public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage and that adequate drainage is provided so as to reduce exposure to flood hazards. Subdivisions shall be designed in accordance with standards established in Sections 455.270 et seq.
Section 455.120 Street Arrangement.
[Ord. No. 1007 §16-303.03, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.120), 9-24-2003]
A.
Provisions must be made for the extension of any existing dead-end streets. Off-center street intersections with an offset of less than one hundred fifty (150) feet between centerlines will not be approved. Streets with reverse curves must have a tangent-length between curves.
B.
Proposed streets must conform to existing topography as nearly as possible in order that drainage problems may be reduced. Surface drainage across residential lots or along the side or rear lot lines shall be avoided wherever practical. Where such surface drainage on residential lots is necessary, easements shall be provided and the City may require installation of pipe, masonry or rip-rap flumes or such other protective devices in order that adjacent or surrounding property or the welfare of the public shall not be endangered and maintenance will be kept at a minimum.
Section 455.130 Relation To Adjoining Streets and Land.
[Ord. No. 1007 §16-303.04, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.130), 9-24-2003]
The system of streets designated for the subdivision must connect with any streets already platted to the boundary from abutting subdivisions. At reasonable intervals, streets must be continued to the boundaries of the tract subdivided so that future abutting subdivisions may connect therewith.
Section 455.140 Dead-End Streets.
[Ord. No. 1007 §16-303.05, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.140), 9-24-2003]
Dead-end streets will not be approved unless such dead-end streets are provided to connect with future streets in adjacent land, but cul-de-sacs may be permitted where a vehicular connection is not essential. Such cul-de-sacs shall provide proper access to all lots and a turnaround shall be provided at the closed end with an outside street line radius of at least fifty (50) feet.
Section 455.150 Block Lengths.
[Ord. No. 1007 §16-303.06, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.150), 9-24-2003]
In general, intersecting streets determining block lengths shall be provided at such intervals as to serve cross traffic adequately and to meet existing or future streets. Where no existing plats control, the blocks shall not exceed one thousand five hundred (1,500) feet in length.
Section 455.160 Pedestrian Walkways.
[Ord. No. 1007 §16-303.07, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.160), 9-24-2003]
In blocks where substantial pedestrian traffic may occur such as adjacent to schools, the Commission may require pedestrian walkways through blocks. Such walkways shall be ten (10) to fifteen (15) feet in width, shall be adequately fenced and contain a concrete walk the enter length. Such walkways shall be dedicated to the public in the same manner as streets.
Section 455.170 Thoroughfare Standards.
[Ord. No. 1007 §16-303.08, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.170), 9-24-2003]
A.
For the purpose of facilitating the movement of traffic, certain streets are designated by the City as thoroughfares. A copy of this plan shall be on file in the office of the Planning Commission and reference shall be made to this plan before any preliminary subdivision plat is approved.
C.
Primary Thoroughfares.
1.
Minimum right-of-way width. Eighty (80) feet except that a ninety (90) foot right-of-way shall be provided for a distance of three hundred (300) feet from the intersection of the centerline of two (2) primary thoroughfares.
2.
Maximum gradient. Six percent (6%).
3.
Minimum radii of horizontal curves. Five hundred (500) feet.
4.
Minimum sight distance on vertical curves. Six hundred (600) feet.
Section 455.180 County Roads.
[Ord. No. 1007 §16-303.09, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.180), 9-24-2003]
Section 455.190 Local Streets.
[Ord. No. 1007 §16-303.10, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.190), 9-24-2003]
A.
The remainder of the streets in the City shall be classed as local streets and shall have the following minimum requirements:
1.
Minimum right-of-way width in single-family area. Fifty (50) feet.
2.
Minimum right-of-way width in multi-family and industrial areas. Sixty (60) feet.
3.
Maximum gradient. Ten percent (10%).
4.
Minimum radii of horizontal curves. Two hundred (200) feet.
5.
Minimum sight distance of vertical curves. Two hundred (200) feet.
B.
The minimum gradient on a street shall be one-half of a percent (.5%) except that the minimum of one-fourth of a percent (.25%) may be permitted by the City Engineer in unusual cases.
Section 455.200 Proposed Subdivision Abutting or Bounded By Present or Future Thoroughfare.
[Ord. No. 1007 §16-303.11, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.200), 9-24-2003]
When a proposed subdivision abuts a thoroughfare or is bounded by a line that will in the future lie in a thoroughfare or is divided by a thoroughfare, as shown in the Comprehensive Plan, then the owner of that subdivision shall dedicate, without charge, any land within such subdivision that is necessary to provide conformity with the above standards, such dedication to be shown on the preliminary plat and final plat.
Section 455.210 Lot Arrangement and Sizes Generally.
[Ord. No. 1007 §16-303.12, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.210), 9-24-2003]
Section 455.220 Lots On Collector Streets.
[Ord. No. 1007 §16-303.13, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.220), 9-24-2003]
The number of lots facing on collector streets shall be kept to a minimum in each subdivision. The street pattern shall be so designed that the side lines of lots abut collector streets wherever land shapes and topography permit.
Section 455.230 Lots On Major Thoroughfares - Average Depths of Residential Lots.
[Ord. No. 1007 §16-303.14, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.230), 9-24-2003]
Lots shall not face on major thoroughfares. Residential lots shall have an average depth of not less than one hundred fifteen (115) feet.
Section 455.240 Width of Lots.
[Ord. No. 1007 §16-303.15, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.240), 9-24-2003]
Residential lots shall be of a width to conform with the Zoning Title provided that lots otherwise containing sufficient lot area as required in the Zoning Title may have a width at the front lot line of not less than thirty-five (35) feet when such lots front on a cul-de-sac with a fifty (50) foot radius.
Section 455.250 Subdivision Being Developed Under Planned District.
[Ord. No. 1007 §16-303.16, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.250), 9-24-2003]
When development within a subdivision is to proceed under a planned district as set forth in Districts "RP-1" through "MP-1" in the Zoning Title, the normal pattern of lots and blocks need not be included on the plat but any parcels and tracts set aside for such planned development must be of shape and topographic contour to allow flexibility of design of the planned development.
Section 455.260 Subdivision Entrance and Other Decorative Structures.
[Ord. No. 1007 §16-303.17, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.260), 9-24-2003]
Where one (1) or more entrance or street structures or ornaments such as monuments, pillars, fences, walls, statuary or other decorative features are to be installed in a permanent fashion, the location, size and design shall be included with the street plans submitted to the City Engineer for approval. This submission shall also include a copy of the bylaws or other documentation of the association which will have permanent responsibility for maintenance. Such bylaws or other documentation shall contain language which will, in the opinion of the City Engineer, assure proper maintenance of such structures by such association.
Section 455.270 Generally - Installment.
[Ord. No. 1007 §16-304.01, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.270), 9-24-2003]
The subdivider of land within the City shall be required to install or otherwise provide for certain improvements within the subdivision. Such improvements shall not be installed prior to proper endorsement of the final plat by the Governing Body. The proper installation of such improvements, other than those by private utility company, shall be assured by provision of surety in the form of bond or cash escrow in favor of the City. All improvements installed by the developer shall comply with the specifications and standards of the City, which specifications and standards are not included in this Chapter but may be acquired from the office of the City Engineer.
Section 455.280 Improvements Required Generally.
Section 455.290 Streets.
[Ord. No. 1007 §16-304.03, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.290), 9-24-2003]
A.
All streets in the subdivision shall be paved, including curbs. The subdivider shall be responsible for the installation of all pavement and curb on all streets within the subdivision. No grading or other construction shall take place within a street right-of-way until the construction plans have been approved by the City Engineer. All street construction shall conform to the specifications of Mission and compliance therewith, shall be confirmed by the City Engineer prior to release of surety by the Governing Body.
B.
In cases where a proposed subdivision abuts an existing or proposed collector street or thoroughfare that does not contain a paved surface conforming to the standards established for such streets, then the following standards and procedures shall apply:
1.
If the street or roadway surface consists of hot mix asphaltic concrete pavement or overlay or Portland cement concrete with a pavement depth of three (3) inches and minimum width of twenty-four (24) feet, the subdivider need not make further surface improvements on that street.
2.
If the street or roadway consists of seal coated surface, crushed rock or material other than asphaltic concrete; or if the surface is less than twenty-four (24) feet in width and three (3) inches in depth or has an irregular deteriorated surface, then the subdivider shall improve the length of such roadway through or along or abutting the entire subdivision as part of the subdivision development process. Such improvement shall consist of not less than a three (3) inch overlay of hot mix asphaltic concrete twenty-four (24) feet in width. Plans and specifications for said pavement shall be approved by the City Engineer in the same manner as other street construction in the City.
3.
When a plat is approved and prior to recording, the applicant shall pay to the City sufficient funds to pay one-half (½) the cost of construction of a thirty-six (36) foot wide collector street or streets abutting the plat. The amount of such funds is to be estimated by the City Engineer and is to be based upon the work involved.
C.
The developer may deposit either cash or an irrevocable letter of credit on a reputable bank payable to the City due one (1) year from the date of recording of the plat. Said cash or irrevocable letter of credit shall be deposited with the Director of Finance for the City. The funds collected from the developer or from the irrevocable letter of credit shall be placed in an escrow account set aside for the improvement of said street or streets to the standards established for such streets. The escrow account will be the only financial contribution paid by the developer or his/her successors in interest for collector or thoroughfare streets serving the platted land and the improvements will be made when scheduled on the City's capital improvement program or in any event within ten (10) years from the time the cash is placed into escrow or within nine (9) years from the cashing of the irrevocable letter of credit. In the event the improvements are not made within the time stated above, the cash or funds from the escrow account, together with actual accrued interest, will be returned to the developer or his/her successors in interest.
D.
In the event the actual total project costs are less than that estimated by the City Engineer or in the event that funds from a governmental agency other than the City are applied toward the total cost of the project, that proportionate share of the decreased costs attributable to the thirty-six (36) foot wide collector street or streets shall be refunded to the developer or his/her successors in interest.
Section 455.300 Sidewalks.
[Ord. No. 1007 §16-304.04, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.300), 9-24-2003; Ord. No. 1188 §16, 12-14-2005]
Sidewalks shall be installed by the subdivider/developer on both sides of all primary and secondary thoroughfares and collector streets and on one (1) side of all local residential streets. Sidewalks shall be required only on peripheral streets in industrial parks. All sidewalks shall be not less than four (4) feet in width, of Portland cement concrete and shall comply with the specifications of the City. Sidewalks shall be located in the platted street right-of-way abutting the property line, and whenever setbacks allow, these sidewalks shall be separated from the street curb by a distance of at least five (5) feet and landscaped with street trees as indicated in Section 240.070. Walks shall also be installed in any pedestrian easements as may be required by the Planning Commission.
Section 455.310 Storm Drainage.
[Ord. No. 1007 §16-304.05, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.310), 9-24-2003]
The subdivider shall install culverts, storm sewers, rip-rap slopes, stabilized ditches and other improvements to adequately handle stormwater. All improvements shall comply with the minimum standards of the City and shall be approved by the City Engineer prior to construction.
Section 455.320 Sanitary Sewers and Other Utilities.
[Ord. No. 1007 §16-304.06, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.320), 9-24-2003]
A.
The subdivider shall be responsible for the proper installation of all utilities, including sanitary sewers and connection to approved treatment facilities, water supply approved by the Kansas Board of Health, natural gas, electricity and telephone service. Such utilities shall be installed according to the specifications and minimum standards of the controlling utility company or public agency.
B.
No subdivision shall be approved and no construction therein permitted until a sewer district has been created. Septic tanks with lateral fields, sand filters and other on-site disposals shall not be permitted.
Section 455.330 Street Signs.
[Ord. No. 1007 §16-304.07, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.330), 9-24-2003]
The subdivider shall install street signs at all intersections within the subdivision. Such street signs shall follow the street names designated on the approved final plat and shall comply with the specifications of the City.
Section 455.340 Improvements Surety - Furnishing - Amount.
[Ord. No. 1007 §16-304.08, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.340), 9-24-2003]
The proper installation of street pavement, curbs or curb and gutter, walks, storm drainage facilities and street signs shall be guaranteed by the furnishing by the subdivider or his/her agent of surety in the form of bond. Such surety shall be to the favor of the City and shall be furnished at the time construction plans are submitted for approval. The amount of surety shall be for the full cost of improvement and shall remain in effect for one (1) year from the date of completion and acceptance by the City.
Section 455.350 Time of Surety.
[Ord. No. 1007 §16-304.09, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.350), 9-24-2003]
Such surety shall be properly executed prior to any grading or construction and shall be released in segments upon written approval of the City Engineer. A building permit shall not be issued for a lot or tract in a residential subdivision which abuts a street for which such surety has not been furnished.
Section 455.360 Minimum Dwelling Size - Classification.
[Ord. No. 1007 §16-305.01, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.360), 9-24-2003]
The Planning Commission shall, as a part of the approval of the preliminary plat, designate a classification of minimum dwelling size for all residential lots in the subdivision. The minimum ground floor area shall not include open or screened porches or garages. The classification of minimum dwelling size are as follows:
MINIMUM GROUND FLOOR AREA | ||||
|---|---|---|---|---|
Classification | Square Feet 1 Story | Square Feet 1 1/2 Story | Square Feet 2 Story | Square Feet 2 Story (Over Garage) |
A | 2,400 | 1,650 | 1,250 | 1,050 |
B | 2,000 | 1,400 | 1,050 | 850 |
C | 1,700 | 1,200 | 900 | 700 |
D | 1,400 | 1,000 | 750 | 550 |
E | 1,100 | 800 | 600 | 450 |
F | 864 | 650 | 550 | 450 |
The minimum floor area (as defined above) for each dwelling unit within the City which is situated upon land not previously classified is as follows: |
Single-Family | 864 square feet |
Duplex | 600 square feet |
Garden apartment | 450 square feet |
Apartment | 300 square feet |
Section 455.370 Designation of Classification.
[Ord. No. 1007 §16-305.02, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.370), 9-24-2003]
No land shall be so classified as to reduce the minimum ground floor area requirements thereof below that provided by the next lower classification to that designated for any separately owned land contiguous to or directly adjacent across street. In the event the differential between such classification is so great as to render impractical such a limitation, then the Planning Commission may designate a classification or classifications for the proposed subdivision which will, in its judgment, be in harmony with the surrounding area.
Section 455.380 Rule Exception For Subdivision Plats.
[Ord. No. 1007 §16-306.01, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.380), 9-24-2003]
The standards and procedures required in this Title shall be interpreted and applied literally in the case of all subdivision plats submitted after the date of the adoption of these regulations. In case, however, of hardship caused by size, location or configuration of land, topography or other factors which affect a specific tract or subdivision or portion thereof, the subdivider may request a rule exception from one (1) or more of the requirements contained herein. A rule exception may be requested, on forms provided, at the time of filling the preliminary or final plat. A rule exception may be approved by the Planning Commission provided that in its judgment such action will not violate the public interest, unnecessarily burden the City or annul the intent and purpose of these regulations.
Section 455.390 Appeals.
[Ord. No. 1007 §16-306.02, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.390), 9-24-2003]
The Board of Zoning Appeals shall have power to grant variances from the requirements of this Title in specific instances in order that unwarranted hardship which constitutes a complete deprivation of use (as distinguished from merely granting a privilege) may be avoided. The intended purpose and spirit of the regulations shall be observed, public welfare and public safety secured and substantial justice done. See Chapter 450, Article II for Board of Zoning Appeals administration.
Section 455.400 Filing Fee.
[Ord. No. 1007 §16-306.03, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §455.400), 9-24-2003]
A.
The following fees shall be paid by all persons or corporations submitting preliminary plats for approval by the Planning Commission and shall be computed to the nearest dollar.
B.
The fee shall be fifty dollars ($50.00) plus:
1.
Five dollars ($5.00) per lot for ten (10) or less lots in a subdivision.
2.
Four dollars ($4.00) per lot for eleven (11) to fifty (50) lots in a subdivision.
3.
Three dollars ($3.00) per lot for fifty-one (51) to one hundred fifty (150) lots in a subdivision.
4.
Two dollars ($2.00) per lot for one hundred fifty-one (151) to five hundred (500) lots in a subdivision.
5.
One dollar ($1.00) per lot for five hundred one (501) or more lots in a subdivision.
6.
Minimum total fee shall be fifty-five dollars ($55.00).
C.
This fee shall be paid at the time the preliminary plat is submitted to the Planning Commission and shall apply to approval of the preliminary plat and final plat. If the final plat is submitted in segments, then the above fee schedule shall apply to all submittals except the first (1st). The first (1st) submittal is covered by the initial fee.
D.
The Planning Commission will annually review the fee schedule and shall make a recommendation report to the Governing Body concerning the revision of fees. Such adoption of the revised fee schedule will not require a public hearing.
E.
The applicant will be responsible for filing the final plat in the correct number of copies with the Register of Deeds of Johnson County, Kansas, and no construction will commence prior to filing.