Purpose and Applicability.

Conference Procedure. The Development Review Committee will hold a conference with the applicant to discuss the proposed development. Areas of discussion will include the adequacy of sanitary and other services, streets, pavement, storm water drainage, and provisions for maintenance of public or common property, or sanitary and water supply services, and of the character of the subdivision, minimum dwelling size, and other proposed lot characteristics and such other matters relevant to the preparation of a preliminary plat or complete plan application.

Contents.

Completeness.

Filing Fees. Applications must be accompanied by the fee amount approved by the Governing Body and listed in the Schedule of Fees and Charges maintained in the City Clerks Office. Fees are not required with applications initiated by the Planning and Zoning Commission or City Council. Application fees are nonrefundable.

Multiple Applications. Multiple applications may be filed for the same property for consideration at the same meeting. Final plat applications may not be considered at the same meeting that an application for a map amendment or preliminary plat is considered for residentially zoned property.

Inactive Applications.

The Development Services Director, Director of Public Works, Planning and Zoning Commission or City Council may require applicants for rezoning, conditional use permits, special use permits, preliminary plats and site plans to submit technical studies that may be necessary to enable the staff, Planning and Zoning Commission or City Council to evaluate the application. Examples of technical studies that may be required include, but are not limited to; traffic studies, stormwater studies, engineering studies, hydrologic studies, environmental impact assessments, noise studies, or market studies. The costs of all studies shall be borne by the applicant.

Any decision by the Development Services Director or Director of Public Works to require any such study may be appealed to the Planning and Zoning Commission. The appeal shall be heard by the Commission at its next available meeting. Any decision of the Planning and Zoning Commission to require any such study may be appealed to the City Council. The decision of the City Council shall be final. If an appeal is filed, the application shall not be considered by the Commission until the appeal process is completed.

Upon the submission of any technical or related studies and/or upon further determination by City staff, certain easements and related improvements such as streets, drainage, water courses, erosion control, utilities, tree preservation, open areas, or recreational amenities may be required as a condition of approval of the rezoning, conditional use permit, preliminary plat, or site plan.

Public Notice. Whenever a public hearing is required by this chapter, public notice must be provided in accordance with this section.

Public Meetings. When a public meeting is required by the provisions of this chapter, it must be conducted as follows:

Planning and Zoning Commission Public Hearing. All proposed text and map amendments first must be submitted to the Planning and Zoning Commission for review and recommendation. The Planning and Zoning Commission must hold a public hearing on the application in accordance with Section 470.010E. The public hearing must be held at the next regular meeting of the Planning and Zoning Commission for which the application may be scheduled given public notice deadlines, unless the applicant has consented to an extension of this time period. The Development Services Director or other appointed official as designated by the Planning and Zoning Commission must prepare a written summary of the proceedings, and give notice of the hearing as provided in Section 470.010E.

Planning and Zoning Commission Recommendation. Upon conclusion of the public hearing, the Planning and Zoning Commission will submit a recommendation to the City Council to approve, approve with modifications or disapprove the proposed amendment. If a motion on an application fails, the Planning and Zoning Commission shall be required to propose and vote on a counter motion on the application. If a tie vote of the Commission, or if no majority vote of the full membership of the Commission can be obtained on a recommendation to be made, the application will be forwarded to the City Council with no recommendation. The Commission must submit its recommendation along with a record of the public hearing thereon, to the City Council. The Planning and Zoning Commission may include reasonable conditions as a part of its recommendations.

City Council Public Hearing. The Raymore City Council must hold a public hearing on the application in accordance with Section 470.010E1b through d and E2.

City Council Action.

Findings of Fact for Map Amendments (Rezoning). In its deliberation of a request, the Planning and Zoning Commission and City Council must make findings of fact taking into consideration the following:

Findings of Fact for Text Amendments. In its deliberation of a request, the Planning and Zoning Commission and City Council must make findings of fact taking into consideration the following:

Protest. In the event that a protest petition against any application for a zoning map amendment is presented to the City Clerk prior to the date scheduled for the City Council to take action and is properly signed and notarized by the deeded owners of thirty percent (30%) or more of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment will not become effective except by the favorable vote of two-thirds (1/3) of all the members of the City Council.

Planning and Zoning Commission Public Hearing. All proposed conditional use applications first must be submitted to the Planning and Zoning Commission for review and recommendation. The Planning and Zoning Commission will hold a public hearing on the application in accordance with Section 470.010E. The public hearing must be held at the next regular meeting of the Planning and Zoning Commission for which the application may be scheduled given public notice deadlines, unless the applicant has consented to an extension of this time period. The Development Services Director or other appointed official as designated by the Planning and Zoning Commission must prepare a written summary of the proceedings, and give notice of the hearing as provided in Section 470.010E.

Planning and Zoning Commission Recommendation. Upon conclusion of the public hearing, the Planning and Zoning Commission will submit a recommendation to the City Council to approve, approve with modifications or disapprove the proposed conditional use. If a motion on an application fails, the Planning and Zoning Commission shall be required to propose and vote on a counter motion on the application. If a tie vote of the Commission, or if no majority vote of the full membership of the Commission can be obtained on a recommendation to be made, the application will be forwarded to the City Council with no recommendation. The Commission must submit its recommendation along with a record of the public hearing thereon, to the City Council. The Planning and Zoning Commission may include reasonable conditions as a part of its recommendation.

City Council Public Hearing. The Raymore City Council must hold a public hearing on the application in accordance with Section 470.010E1b through d and E2.

City Council Action.

The proposed conditional use complies with all applicable provisions of this Unified Development Code;

It is in the interest of the public welfare or convenience and will not have a significant adverse impact on the general welfare of the neighborhood or community;

The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located;

It is compatible with the character of the surrounding property in terms of site planning, building scale and project design;

It is compatible with the character of the surrounding property in terms of operating characteristics, such as hours of operation, outdoor lighting, noise and traffic generation;

Whether the location, size, nature or intensity of the proposed conditional use would prevent the development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will adversely affect the immediate neighborhood, consideration must be given to:

Off-street parking and loading areas will be provided in accordance with the standards set forth in Section 425.020 and Section 425.070, such areas will be screened from adjoining residential uses and located so as to protect such residential uses from any injurious effect;

Existing public facilities (infrastructure) and services are adequate to accommodate the additional demands of the proposed use or will be made to accommodate such demands without substantially increasing public expenditures;

It will not have a significant adverse impact on pedestrian safety and comfort;

Adequate access roads or entrance and exit drives will be provided and will be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys; and

All special conditions have been met as set forth by Chapter 420.

Planning and Zoning Commission Public Hearing. All proposed planned unit development applications must first be submitted to the Planning and Zoning Commission for review and recommendation. The Planning and Zoning Commission will hold a public hearing on the application in accordance with Section 470.010E. The public hearing must be held at the next regular meeting of the Planning and Zoning Commission for which the application may be scheduled given public notice deadlines, unless the applicant has consented to an extension of this time period. The Development Services Director or other appointed official as designated by the Planning and Zoning Commission must prepare a written summary of the proceedings, and give notice of the hearing as provided in Section 470.010E.

Planning and Zoning Commission Recommendation. Upon conclusion of the public hearing, the Planning and Zoning Commission will submit a recommendation to the City Council to approve, approve with modifications or disapprove the proposed planned unit development preliminary plan. If a motion on an application fails, the Planning and Zoning Commission shall be required to propose and vote on a counter motion on the application. If a tie vote of the Commission, or if no majority vote of the full membership of the Commission can be obtained on a recommendation to be made, the application will be forwarded to the City Council with no recommendation. The Commission must submit its recommendation along with a record of the public hearing thereon, to the City Council. The Planning and Zoning Commission may include reasonable conditions as a part of its recommendation.

City Council Action. Upon receipt of the recommendations of the Planning and Zoning Commission, the City Council must within sixty (60) days consider the application and recommendations of the Planning and Zoning Commission. The City Council may approve or modify the recommendations of the Planning and Zoning Commission and may approve, approve with modifications or disapprove the preliminary plan with or without conditions. In the event the application is not acted upon by the City Council within one hundred twenty (120) days following receipt of the recommendations of the Planning and Zoning Commission, and unless the applicant has consented to an extension of time, the application will be deemed denied.

Protest. In the event that a protest petition against any application for a planned unit development is presented to the City Clerk prior to the date scheduled for the City Council to take action and is properly signed and notarized by the deeded owners of thirty percent (30%) or more of the areas of the land (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment will not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council.

The preliminary development plan’s consistency with the Growth Management Plan and all other adopted plans and policies of the City;

The preliminary development plan’s consistency with the PUD standards of Section 415.060, including the statement of purpose;

The nature and extent of common open space in the PUD;

The reliability of the proposals for maintenance and conservation of common open space;

The adequacy or inadequacy of the amount and function of common open space in terms of the densities and dwelling types proposed in the plan;

Whether the preliminary development plan makes adequate provision for public services, provides adequate control over vehicular traffic, and furthers the amenities of light and air, recreation and visual enjoyment;

Whether the preliminary development plan will have a substantially adverse effect on adjacent property and the development or conservation of the neighborhood area;

Whether potential adverse impacts have been mitigated to the maximum practical extent;

Whether the preliminary development plan represents such a unique development proposal that it could not have accomplished through use of (non-PUD) conventional Unified Development Code; and

The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the PUD in the case of a plan that proposes development over a period of years.

The applicant and the applicant’s agent will be given written notice of the action of the City Council.

Approval of a preliminary development plan does not qualify as a plat of the planned unit development for recording purposes.

An unexpired approved preliminary development plan, including one (1) that has been approved subject to conditions provided that the landowner has not defaulted on or violated any of the conditions, may not be modified or revoked by the City without the consent of the landowner.

Prior to final plat approval, a landowner may choose to abandon a plan that has been given preliminary approval provided that the Planning and Zoning Commission is notified in writing.

Major changes in the planned unit development may be made only if an application to amend the approved preliminary plan has been approved by the City. The application to amend an approved preliminary plan shall be submitted and reviewed in accordance with the provisions of Section 470.050. What constitutes a major change is determined by the Development Services Director, but would include changes to the land use, street layout, and substantial change in building location or design.

In the event the landowner fails to file an application for final plat approval within one (1) year after final approval of the Preliminary Development Plan has been granted then such approval will expire.

In the event the landowner fails to file a subsequent application for final plat approval in accordance with the approved phasing schedule then such approval will expire.

For good cause shown, the expiration date may be extended by the City Council. The request for extension may be made by letter to the Development Services Director and will be considered only if received before the expiration date of the approval. The Development Services Director will forward the request to the City Council for consideration at its next available meeting.

If the approval of the preliminary development plan for a phased development expires after the completion of one (1) or more phases, the preliminary development plan will remain in full effect as to those portions of the development that are subject to final plats in which the developer has acquired vested rights, but the remaining portions of the preliminary development plan will expire.

No action by the City will be necessary to cause the approval to expire. Its expiration will be considered a condition of the original approval. After the expiration date or extended expiration date, no application for final plat or for other development activity on the site will be considered until a new preliminary development plan has been approved.

After expiration of a preliminary development plan or any portion thereof, the PUD will remain in effect for the affected property, but further development on the property will require the approval of a new preliminary development plan, in accordance with the procedures and standards in effect at the time of the new application. If a preliminary development plan has expired as to part of a phased development, consistency with the developed parts of the preliminary development plan will be an additional criterion for consideration of a new proposed preliminary development plan.

Approval of a preliminary development plan does not, in itself, vest any rights.

Be binding upon the applicants, their successors and assigns;

Control the issuance and validity of all building permits; and

Limit the construction, location, use and operation of all land, land improvements and structures to be located on the subject site.

Enforcement by the Municipality. The provisions of the plan relating to:

Enforcement by the Residents and Owners. All provisions of the plan will run in favor of the residents and owners of the planned development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, covenant, easement or otherwise may be enforced by the law or equity by said residents and owners, acting individually, jointly or through an organization designated in the plan to act on their behalf; provided, however, that no provisions of the plan will be implied to exist in favor of residents and owners of the planned unit development except as to those portions of the plan which have been finally approved and have been recorded.

Modification by the City. All those provisions of the plan authorized to be enforced by the City under paragraph (1) of this section may be modified, removed or released by the City (except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility), subject to the following conditions:

Modification by the Residents. Residents and owners of the planned unit development may, to the extent and in the manner expressly authorized by the provision of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action will affect the right of the municipality to enforce the provisions of the plan in accordance with the provisions of paragraph (1) of this section.

Any provision in Chapter 435: Signs;

The requirements for public improvements contained within Chapter 445;

Any provision in Chapter 460, Flood Protection; and

Any provision in Chapter 455: Natural Resource Protection.

Board of Adjustment Public Hearing. All proposed variance applications must be submitted to the Board of Adjustment. The Board of Adjustment will hold a public hearing on the application in accordance with Section 470.010E. The public hearing must be held at the next regular meeting of the Board of Adjustment for which the application may be scheduled given public notice deadlines, unless the applicant has consented to an extension of this time period. The Development Services Director or other appointed official as designated by the Planning and Zoning Commission must prepare a written summary of the proceedings, and give notice of the hearing as provided in Section 470.010E.

Board of Adjustment Action. Upon conclusion of the public hearing, the Board of Adjustment must approve, approve with conditions or disapprove the requested variance. A concurring vote of at least four (4) members of the Board of Adjustment is required to approve any variance request.

The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner, applicant, or their agent, employee or contractor.

The strict application of the provisions of the Unified Development Code of which the variance is requested will constitute an unnecessary hardship or practical difficulty upon the property owner represented in the application and that such unnecessary hardships or practical difficulties are not generally applicable to other property in the same district.

The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.

The granting of the variance will not result in advantages or special privileges to the applicant or property owner that this code denies to other land, structures or uses in the same district.

Whether the requested variance is the minimum variance necessary to provide relief.

The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.

The granting of the variance desired will not be opposed to the relevant purposes and intents of this Unified Development Code.

The variance will result in substantial justice being done, considering both the public benefits intended to be secured by this code and the individual hardships or practical difficulties that will be suffered if the variance request is denied.

In making any decision varying or modifying any provisions of the Unified Development Code, the Board may impose such conditions, restrictions, terms, time limitations, landscaping, screening and other appropriate safeguards as needed to protect adjoining property.

The Board may require a performance bond to guarantee the installation of improvements such as parking lot surfacing, landscaping, etc. The amount of the bond will be based on a general estimate of cost for the improvements as determined by the Board and will be enforceable by, or payable to, the City Council in the sum equal to the cost of constructing the required improvements.

In lieu of the performance bond requirement, the Board may specify a time limit for the completion of such required improvements and in the event the improvements are not completed within the specified time, the Board may declare the granting of the application null and void after reconsideration.

Describe the land on which the proposed work is to be done by lot, block and tract, house and street address or similar description that will readily identify and specifically locate the proposed building or work;

Identify and describe the work to be covered by the floodplain development permit;

Indicate the use or occupancy for which the proposed work is intended;

Indicate the assessed value of the structure and the fair market value of the improvement;

Specify whether development is located in designated flood fringe or floodway;

Identify the existing base flood elevation and the elevation of the proposed development;

Give such information as reasonably may be required by the Floodplain Administrator;

Be accompanied by plans and specifications for proposed construction; and

Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority.

An application for an appeal of an administrative decision may be obtained from the Development Services Director. The application must be completed in its entirety in accordance with Section 470.010C and filed with the Development Services Director. An application for an appeal must be filed within ten (10) days after a ruling by the applicable City official.

The filing of a complete application for an appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Board of Adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property. In such case, proceedings cannot be stayed other than by a restraining order which may be granted by a court of record.

Action by Development Services Director. The Development Services Director, or the official whose decision is being appealed, will transmit to the Board of Adjustment all papers constituting the record upon which the action appealed is taken.

Board of Adjustment Action. The Board of Adjustment will grant to the administrative official’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant. In exercising the appeal power, the Board of Adjustment will have all the powers of the official from whom the appeal is taken, and the Board of Adjustment may reverse or affirm wholly or partly or may modify the decision being appealed. If the Board of Adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it will remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision in light of such evidence.

Application for subdivision review may be obtained from the Development Services Director. The application must be completed in its entirety in accordance with Section 470.010C and Chapter 445 and filed with the Development Services Director. The applicant must submit copies in accordance with the submission schedule regularly adopted by the Planning and Zoning Commission.

With the exception of a final plat for residentially zoned property, multiple applications may be filed for the same property for consideration at the same meeting.

The proposed plat of subdivision or resubdivision will create no more than five (5) lots, tracts or parcels of land; or

No public street or easement of access is sought to be dedicated, or is projected, through (as opposed to adjacent to) the lot, tract or parcel proposed to be subdivided or re-subdivided; and

The proposed plat of subdivision is in compliance with all requirements of the Unified Development Code.

An application for a minor subdivision may be obtained from the Development Services Director. The application must be completed in its entirety in accordance with Section 470.010C and filed with the Development Services Director.

No preliminary plat is required for a minor subdivision.

An application for a preliminary plat may be obtained from the Development Services Director. The application must be completed in its entirety in accordance with Section 470.010C and submitted at least sixty (60) days prior to the date of the meeting where it will be considered.

For property in commercial or industrial zoning districts, the application must be submitted at least thirty (30) days prior to the date of the meeting.

Pre-Application Conference. Prior to filing an application for a preliminary plat, the applicant must attend a pre-application conference in accordance with Section 470.010B.

Development Review Committee and Other Agency Review.

Planning and Zoning Commission Public Hearing. All proposed preliminary plats must be submitted to the Planning and Zoning Commission for review and recommendation. The Planning and Zoning Commission will hold a public hearing on the application in accordance with Section 470.010E.

Planning and Zoning Commission Recommendation.

City Council Public Hearing. The Raymore City Council must hold a public hearing on the application in accordance with Section 470.010E1b through d and E2.

City Council Action.

Findings of Fact. In its deliberation of a request, the Planning and Zoning Commission and City Council must make findings of fact taking into consideration the following:

Effect of Approval of Preliminary Plat.

Extension of Preliminary Plat.

All plans, profiles, and details of proposed improvements shall be on standard plan and profile sheets or other appropriate sheets. Each sheet of the drawings shall be a minimum size of twenty-four (24) inches by thirty-six (36) inches and a maximum size of thirty (30) inches by forty-two (42) inches and include an appropriate border and a title block in the lower right hand corner. The title block shall contain at least the name of the subdivision, a brief description of the information shown on the individual sheet, the name and address of the developer, the name, address, and professional seal of the engineer, the date of the original drawing, and the date of any revisions to the drawing. A vicinity shall be shown on the cover sheet. Plans and profiles shall be shown to a horizontal scale of one (1) inch equals one hundred (100) feet and a vertical scale of one (1) inch equals ten (10) feet, or a horizontal scale of one (1) inch equals fifty (50) feet and a vertical scale of one (1) inch equals five (5) feet. The scale and north point shall be clearly indicated on each sheet. If the drawings consist of three (3) or more sheets there shall also be an appropriate cover or title sheet showing the entire subdivision at a suitable scale, the subdivision name, a brief description of the nature of the drawings, an index to the drawings, and other applicable information.

Plans, profiles, and details for roadway and sidewalk construction shall show profiles of the existing topography elevations, profiles of proposed sidewalk, curb, and street centerline elevations, intersection control elevations, paving geometrics, typical cross-sections and other data required for staking and construction. Construction specifications and cost estimates shall be submitted with the plans.

Plans, profiles, and details of storm sewer and storm drainage improvements shall show existing profiles, proposed flowline profiles, grades and elevations, manhole details, drainage structure details and inlet details, plus any other data necessary for staking and construction. Construction specifications and cost estimates shall be submitted with the plans. Copies of engineering calculations may also be required to be submitted for review.

Plans and details of the proposed water distribution system and water supply facilities shall show all information necessary for review and construction of the systems, including line sizes, fire hydrant locations and valve locations. Construction specifications and cost estimates shall be submitted with the plans. Copies of engineering calculations may also be required to be submitted for review.

Plans, profiles, and details for sanitary sewer systems and sewage treatment facilities shall show line sizes, grades, flow line elevations, and other information necessary for plan review and construction. Construction specifications and cost estimates shall be submitted with the plans. Copies of engineering calculations may also be required to be submitted for review.

All plans shall be based on USGS datum. Benchmark descriptions and elevations shall be shown on the plan sheets.

All plans for underground wiring shall be prepared by or at the direction of the agency involved.

An application for a final plat may be obtained from the Development Services Director. The application must be completed in its entirety in accordance with Section 470.010C and submitted at least sixty (60) days prior to the date of the meeting. Final plats must be submitted in form, size and number as required by the Development Services Director, and must include all information required by the application packet.

For commercial or industrial zoned property, the developer has the option of submitting the application thirty (30) days prior to the date of the meeting on which the plat is to be heard.

The date of the regular meeting of the Planning and Zoning Commission at which the final approval of the subdivision plat, (including any adjourned date thereof) is recommended, will constitute the official submittal date of the plat at which the sixty-day period required by Section 89.420, RSMo., for formal approval or disapproval of the plat commences.

Development Review Committee Review. Upon receipt of a complete application, the Development Services Director will distribute copies of the final plat and supportive information to the Development Review Committee. The application will be reviewed by the Development Review Committee for compliance with applicable regulations of this Code.

Planning and Zoning Commission Recommendation.

City Council Action.

Is substantially the same as the approved preliminary plat;

Complies with all conditions, restrictions and requirements of this Code and of all other applicable ordinances and design standards of the City; and

Complies with any condition that may have been attached to the approval of the preliminary plat.

The preliminary plat must include a proposed phasing plan. The phasing plan may be amended at the time of any final plat application. Amendments to the phasing plan are subject to review by the City staff and Planning and Zoning Commission and approval by the City Council.

Each single-family residential plat shall include at least twenty (20) lots;

A final plat application is submitted within one (1) year of the date of preliminary plat approval and the application is then approved by the City Council within six (6) months of the date the application was submitted. If the application is withdrawn or the application fails to obtain City Council approval within the six (6) months, the preliminary plat is null and void;

An application for one (1) final plat meeting the criteria stated above must be submitted for approval every two (2) years from the date that the most recent final plat was approved or the preliminary plat will become null and void. If the application is withdrawn and the time elapses prior to another application being filed, the preliminary plat is null and void;

If an initial final plat has not been submitted within the time period set forth in this subsection, and subsequent phase final plats are not submitted according to this subsection, the preliminary plat will be null and void and the subdivider will be required to submit a new preliminary plat in accordance with this Code; and

All steps and criteria required by this Code for the approval of final plats at the time of final plat application, including the recording thereof, must be adhered to with respect to each final plat submitted.

No plat may be recorded or filed with the Cass County Recorder of Deeds until such plat has been approved by the City Council; all dedications of rights-of-way, easements and other property have been accepted by the City Council; and the design and financing of all improvements has been agreed to by both the subdivider and the City Council. The financial responsibility for the cost of recording the plat with the Recorder of Deeds will be borne solely by the subdivider. The subdivider must record the final plat within one (1) year from the date of approval or such plat is null and void.

The subdivider must submit one (1) copy of the recorded final plat to the Development Services Director, along with a recorded copy of the development agreement, declaration of covenants and restrictions and articles of incorporation establishing a property owners association if required by this Code. No building permit shall be issued until the required copy of the recorded final plat and development agreement are submitted to the Development Services Director.

No nonconforming lot shall be created as a result of the lot split.

A previously platted lot zoned “R-2”; “R-3” or “R-3A” may be divided as a lot split by either metes and bounds description or by replatting provided the following conditions are met:

The Development Services Director has the authority to approve or disapprove lot splits.

Upon approval, the Development Services Director must sign and date the survey or plat.

The balancing of landowners’ rights to use their land, with the corresponding rights of neighboring landowners, residents and the general public, to live without undue disturbances (e.g., noise, smoke, vibration, fumes, dust, odor, glare, stormwater runoff, etc.);

The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas or roads;

The adequacy of waste disposal methods and protection from pollution of surface or ground water;

The protection of historic and environmental features on the site under review and in adjacent areas;

The stability of the built environment, particularly residential neighborhoods, by promoting urban development which is compatible with clearly identified natural resources; and

The adequacy of provisions for resulting additional system demands which may be imposed by the development upon roads and streets, water supply and storage, storm sewerage, and sanitary sewerage and wastewater treatment and the consistency of the development with the City’s Growth Management Plan.

All applications for building permits for developments in the multi-family, commercial and industrial zoning districts are subject to site plan review in accordance with this section. All nonresidential uses in residential districts require site plan review.

No building permit will be issued without being granted site plan approval when it is required by this subsection.

Development Services Director Action.

Planning and Zoning Commission Action. With the exception of those cases identified in Paragraph 1 above, all other applications for site plan review will be reviewed by the Development Services Director, and forwarded to the Planning and Zoning Commission for review and action. The Commission has the authority to take final action, and may approve, approve with conditions or disapprove the application.

Conditions of Approval. In approving a site plan, the Planning and Zoning Commission or, when applicable the Development Services Director, may impose reasonable conditions, safeguards and restrictions upon the applicant and the premises.

In order to be approved, the Development Services Director or Planning and Zoning Commission must find that the following conditions are met:

The applicant may appeal the decision of the Development Services Director to the Planning and Zoning Commission.

The applicant may appeal the decision of the Planning and Zoning Commission to the City Council.

This section sets forth the required review and approval procedures to vacate a plat, part of a plat, or platted utility easement. No vacation of a plat or part of a plat may take place, unless the consent of the persons owning two-thirds (2/3) of the property immediately adjoining thereto is obtained in writing.

Any application to vacate a street, alley or any other public way shall comply with the procedures outlined in Section 530.010 of the Raymore City Code.

Vacation Of Plats Or Partial Plats.

Vacation Of Utility Easements.

Review and evaluate the request for an interpretation with the purpose and intent of this Code and consistency with the Growth Management Plan and any other relevant documents;

Consult with other staff, as necessary;

Request additional information or documentation, as necessary; and

Render a written interpretation.

Modifications of ten percent (10%) or less of any zoning district setback, lot size, lot width, building coverage or height standard.

Modifications of ten percent (10%) or less of any of the landscaping and screening standards of Section 430.020, Section 430.030 and Section 430.080.

The requested adjustment is consistent with the stated purposes of this Code;

The requested adjustment eliminates an unnecessary inconvenience to the applicant and will have no appreciable adverse impact on the health, safety or general welfare of surrounding property owners or the general public; and

Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum practical extent.

For any parcel of land to which Section 455.040 applies whose shape, topography or other existing physical condition prevents land development consistent with this code, the Board of Appeals may grant a variance from the buffer and setback requirements hereunder, provided such variance requires mitigation measures to offset the effects of any proposed land development on the parcel.

The Board of Appeals shall grant no variance from any provision of Section 455.040 without first conducting a public hearing on the application. The City of Raymore shall give public notice of each such public hearing in a newspaper of general circulation within the City of Raymore.

A site map that includes locations of all streams, wetlands, floodplain boundaries, slope, topography and other natural features, as determined by field survey;

A description of the size, shape, soils, vegetation and other physical characteristics of the property;

A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

Documentation of unusual hardship should the buffer be maintained;

The applicant shall submit at least one (1) alternative plan, which complies with the provisions of this section and an explanation of why the site can not be developed in accordance with the alternative plan;

A calculation of the total area and length of the proposed intrusion;

A stormwater management plan, if applicable; and

Proposed mitigation for the intrusion. If no mitigation is proposed, the request shall not be granted. The proposed mitigation plan shall comply with the requirements of Section 455.040 C.

The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

The locations of all streams on the property, including along property boundaries;

The location and extent of the proposed buffer or setback intrusion;

Whether alternative designs are possible which require less intrusion or no intrusion; and

Whether or not the proposed mitigation offsets the intrusion.

Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Floodplain Administrator, the applicant may appeal such floodplain development permit or variance directly to the Board of Appeals.

The Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this code.

The danger to life and property due to flood damage;

The danger that materials may be swept onto other land to the injury of others;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

The necessity to the facility of a waterfront location, where applicable;

The availability of alternative locations, not subject to flood damage, for the proposed use;

The compatibility of the proposed use with existing and anticipated development;

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

The safety of access to the property in times of flood for ordinary and emergency vehicles;

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems; streets; and bridges.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections 2-6 below have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places or local inventory of historic places upon determination provided the proposed activity will not preclude the structure's continued historic designation.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

A community shall notify the applicant in writing over the signature of a community official that:

Any variance granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Section 470.230D and Section 470.230E of this Chapter.

In order to minimize flood damages during the one-hundred-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed:

Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Section 470.230D and Section 470.230E of this Chapter.

In order to minimize flood damages during the one-hundred-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed.

Planning and Zoning Commission. All proposed inflatable sign permit applications must be submitted to the Planning and Zoning Commission for review and action. The Commission has the authority to take final action, and may approve, approve with conditions or disapprove the application.

Review. Factors to consider when reviewing an application for an inflatable sign permit include:

Conditions of Approval. In approving an inflatable sign permit, the Planning and Zoning Commission may impose reasonable conditions, safeguards and restrictions upon the applicant.

This section sets forth the required review and approval procedures for a replat. A replat may include adjustment of lot lines; addition of land area to a lot; lot consolidation; or the reconfiguration of lot lines in a recorded plat.

No public or private street shall be created or included in a replat. No easement of access, for the purpose of providing principal access to a lot, shall be created in a replat.

No new or additional lots shall be created as part of a replat. A reduction in the number of lots is allowed as part of a replat.

An application for a replat may be obtained from the Community Development Director. Contents required on the replat drawing are identified in the application packet.

No preliminary plat or final plat application is required.

The replat must be in a format acceptable to the Cass County Recorder for recording purposes.

The application and replat drawing shall be submitted to the Development Services Director for review.

No Planning and Zoning Commission or City Council review are required for a replat.

If the application and replat drawing are complete and in compliance with the standards and requirements of the Unified Development Code the Development Services Director may approve the replat and sign the replat drawing for recording purposes.

A recorded copy of the replat drawing shall be returned to the Community Development Director.