Raymore City Zoning Code
CHAPTER 400
Introductory Provisions
§ 400.010 Title.
This Title will be known and may be cited and referred to as the “Unified Development Code” of the City of Raymore, Missouri. For convenience, it is also referred to throughout as “this Code.”
§ 400.020 Effective Date.
The provisions of this Code became effective on January 1, 2009.
§ 400.030 Applicability and Jurisdictional Area.
The provisions of the Unified Development Code will apply to all structures and land in the incorporated area of Raymore, Missouri.
§ 400.040 Purpose and Intent.
This Code, adopted pursuant to the provisions of Chapter 89, RSMo., is intended to serve the following purposes:
A.
To promote the health, safety, morals, comfort and general welfare of the City; and
B.
To preserve and protect property values throughout the City; and
C.
To restrict and regulate the height, number of stories and size of building; the percentage of lot coverage; the size of yards, courts and other open spaces; the density of population; the preservation of features of historical significance; and
D.
To provide for orderly development in coordination with existing streets, utilities and public facilities; and
E.
To divide the City into zones and districts; and
F.
To regulate and restrict the location and use of buildings within each district or zone, and to create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewage, schools, parks, public facilities and other facilities; and
G.
To minimize public and private losses due to erosion, siltation and water pollution; and
H.
To maintain stream water quality by provisions designed to create buffer zones along streams for the protection of water resources and minimize land development within buffers by establishing buffer zone requirements and by requiring authorization for any such activities; and
I.
To lessen congestion on public ways; and
J.
To prevent the overcrowding of land; and
K.
To avoid undue concentration of population; and
L.
To facilitate adequate provision for transportation, water, sewerage, schools, parks, and other requirements; and
M.
Secure safety from fire, flood waters, panic, and other dangers.
§ 400.050 Zoning Map.
The boundaries and location of the zoning districts as defined by this Code are identified on the Official Zoning Map, entitled “Zoning Map of the City of Raymore, Missouri.” The Official Zoning Map, together with all notations, references and information shown on the map is hereby incorporated by reference and made a part of this Code. The map must remain on file and available to the public in the office of the Development Services Director.
§ 400.060 Interpretation of Zoning District Boundaries.
Where uncertainty exists with respect to the zoning district boundaries, the zoning district boundaries will be construed to follow:
A.
Corporate limits;
B.
United States public land survey lines;
C.
Property lines;
D.
Centerlines of streets, alleys, waterways, easements and railroad rights-of-way lines or extensions of such lines; or
E.
Where they do not coincide with the above, the district boundaries will be determined by the use of the scale shown on the Official Zoning Map.
§ 400.070 Annexed Land.
A.
Voluntary Annexations. Applicants for any and all land to be voluntarily annexed into the City shall have a statutorily affirmed right to use either (1) an Extended Option or (2) an Abbreviated Option. Planning staff shall provide all applicants for annexation with information related to both Extended and Abbreviated Procedures but make no recommendations.
1.
The Extended Option shall follow all the provisions and procedures as established under the provisions of Chapter 71.012, RSMo., as amended.
2.
The Abbreviated Option shall follow all the provisions and procedures as established under the provisions of Chapter 71.014, RSMo., as amended.
a.
Procedural Requirements.
(1)
Verified petition requesting annexation signed by all fee owners of all affected tracts.
(2)
No signature is required to include public property or other property not subject to a fee interest.
(3)
No public hearing is required nor any written objection permitted.
(4)
The sole requirement is for the territory to be contiguous and compact to the existing corporate limits.
3.
Following receipt of either the extended or the abbreviated verified petition, the Council shall vote to either accept or deny the annexation request. Action shall be taken within sixty (60) days.
4.
Upon adoption, the City Clerk shall file two (2) certified copies of the ordinance with the County Clerk and one (1) certified copy with the election authority if an election authority exists. Completion of these steps completes the annexation and entitles the extended corporate limits to judicial notice.
B.
Involuntary Annexations. To involuntarily annex property into the corporate limits of the City of Raymore, the provisions and procedures established by Section 71.015, RSMo., as amended, shall be complied with in full. The City of Raymore shall proceed under an involuntary annexation procedure when:
1.
A written objection has been filed as outlined in Section 71.012, RSMo.;
2.
When not all of the owners of a tract to be annexed have consented to, and signed the verified petition as provided in Section 71.012, RSMo.; or
3.
When the City desires to annex property without the consent of the owners as outlined in Section 71.015, RSMo.
C.
Zoning of Annexed Property. All real property that is voluntarily or involuntarily annexed into the corporate limits of the City of Raymore pursuant to the provisions of this chapter shall retain the zoning designation originally established by the County. The zoning designation shall be retained until the annexed real property is appropriately rezoned in accordance with the requirements and procedures established by the City of Raymore as provided for in Chapter 89, RSMo., as amended. These requirements shall include, but not be limited to, the notice and public hearing requirements incorporated by this Code and the Zoning Enabling Act, as provided for in Chapter 89, RSMo., as amended.
§ 400.080 Word Usage and Construction of Language.
A.
Meanings and Intent. All provisions, terms, phrases and expressions used in this Code will be construed according to the purpose and intent set out in Section 400.040.
B.
Headings, Illustrations and Text. In case of any difference of meaning or implication between the text of this Code and any heading, drawing, table, figure or illustration, the text controls.
C.
Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as “including,” “such as,” or similar language are intended to provide examples; not to be exhaustive lists of all possibilities.
D.
Computation of Time. The time in which an act is to be done will be computed by excluding the first day and including the last day. If the last day is a Sunday or legal holiday observed by the City, that day will be excluded. When the period of time prescribed or allowed is less than seven (7) days, intermediate Sundays and legal holidays observed by the City will be excluded in the computation. Any half holidays will not be counted as a legal holiday for purposes of this Code.
E.
References to Other Regulations, Publications and Documents. Whenever reference is made to a resolution, ordinance, statute, regulation or document, that reference will be construed as referring to the most recent edition of such resolution, ordinance, statute, regulation or document or to the relevant successor document, unless otherwise expressly stated.
F.
Delegation of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.
G.
Technical and Non-technical Terms. Words and phrases will be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law will be construed and understood according to such meaning. (See also Chapter 485).
H.
Public Officials and Agencies. All public officials, bodies and agencies to which references are made are those of the City of Raymore, unless otherwise expressly provided.
I.
Mandatory and Discretionary Terms. The words “shall,” “will” and “must” are mandatory. The words “may” and “should” are discretionary and advisory terms.
J.
Conjunctions. Unless the context clearly suggests the contrary, conjunctions will be interpreted as follows:
K.
Tenses and Plurals. Words used in one (1) tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural and the plural includes the singular.
L.
Other Rules. In the construction of the Unified Development Code, the provisions and rules of this section must be preserved and applied, except when the context clearly requires otherwise:
1.
The phrase “used for” will include the phrases “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for;”
2.
The word “person” includes individual, firms, corporations, associations, governmental bodies, and agencies, and all other legal entities;
3.
The abbreviation “N/A” means not applicable;
4.
The word “City” means City of Raymore, Missouri;
5.
The word “Council” means the Raymore City Council;
6.
The word “Director” means the Development Services Director;
7.
The word “Commission” means the Planning and Zoning Commission;
8.
The word “Board” means the Board of Adjustment;
9.
Unless otherwise specified, all distances will be measured horizontally; and
10.
The terms “Comprehensive Plan”, “Growth Management Plan” and “City Plan” mean the Growth Management Plan adopted by the Planning and Zoning Commission in accordance with sections 89.300 et seq., RSMo., and as from time to time amended.
M.
Interpretation.
1.
Minimum Requirements. In their interpretation and application, the provisions of this Code will be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.
2.
Conflicting or Overlapping Regulations.
a.
Conflict or Overlap with State and Federal Regulations. If the provisions of this Code are either more restrictive or less restrictive than comparable conditions imposed by the state or federal government, the regulations which are more restrictive will govern, to the extent permitted by law.
b.
Conflict or Overlap with Other City Regulations. If the provisions of this Code are inconsistent with one another, or if they conflict with provisions found in other adopted City ordinances, the more restrictive provision will control. No text amendment, variance or conditional use permit or any other development approval under this Code may diminish the provisions of any other more restrictive City ordinance.
c.
Conflict or Overlap with Private Agreements. This Code is not intended to abrogate, annul or otherwise interfere with any private easement, covenant, restriction, agreement or legal relationship; provided however, that where the provisions of this Code are more restrictive (or impose higher standards of requirements) than such easement, covenants or other private agreements or legal relationship, the provisions of this Code will govern. The City does not enforce private agreements, easements, covenants or restrictions except those specifically required for the administration and enforcement of this Code, even where the private agreements are more restrictive than the provisions of this Code.
N.
Development Agreements and Memorandums of Understanding. Terms and conditions agreed to as part of an approved development agreement or memorandum of understanding are in addition to the requirements of this Code.
§ 400.090 Exemptions.
The following structures and uses are exempt from the provisions of this Code:
A.
Poles, wires, cables, conduits, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water, or the collection of sewage or surface water operated or maintained by a public utility but not including substations or accessory utility facilities located on or above the surface of the ground.
B.
Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment.
§ 400.100 Transitional Provisions.
A.
Violations Continue. Any violation of the previous zoning or subdivision regulations of the City will continue to be a violation under this Code and will be subject to penalties and enforcement under Chapter 480 unless the use, development, construction or other activity is consistent with the express terms of this Code, in which case enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in Section 400.020.
B.
Completion of Development.
1.
Permits Issued Before Effective Date. Any building, development or sign for which a permit was lawfully issued before the effective date specified in Section 400.020 may be completed in conformance with the issued permit. If the building, development or sign is not completed within the time allowed under the original permit, then the building, development or sign shall be constructed, completed or occupied only in strict compliance with this Code.
2.
Preliminary Plats Approved Before Effective Date. If a preliminary plat was approved before the effective date specified in Section 400.020, final plat approval may be granted in accordance with the preliminary plat. Final plats shall comply with all requirements of this Code.
3.
Preliminary Development Plans Approved Before Effective Date. If a preliminary development plan for a planned unit development was approved before the effective date specified in Section 400.020, final plat approval may be granted in accordance with the preliminary plan. Final plats shall comply with all requirements of this Code.
C.
Conditional Uses.
1.
Any use that was legally established before the effective date specified in Section 400.020 without a conditional use permit and which after the effective date is located within a zoning district that requires a conditional use permit for the subject use under this Code, will be issued a conditional use permit without following the procedures of Section 470.030. The use and any proposed expansions or modifications will be subject to all applicable standards of this Code, including any new or modified use standards and the regulations for nonconformities of Chapter 475.
2.
Any use that was legally established before the effective date specified in Section 400.020 by a conditional use permit and which after the effective date is located within a zoning district that requires a conditional use permit for the subject use, may continue to be operated under the terms of the original conditional use permit. The use and any proposed expansions or modifications will be subject to all applicable standards of this Code, including any new or modified use standards and the regulations for nonconformities of Chapter 475.
3.
Any use that was legally established before the effective date specified in Section 400.020 with a conditional use permit and which after the effective date is located within a zoning district that does not require a conditional use permit for the subject use, will continue to be subject to all applicable standards of this Code, including any new or modified use standards and the regulations for nonconformities of Chapter 475. Conditions established as part of the original approval of the conditional use permit shall remain in effect and be continuously followed.
§ 400.110 Severability.
It is hereby declared to be the intention of the City that the provisions of this Code are separable, in accordance with the following rules:
A.
If any court or competent jurisdiction will adjudge any provision of this Code to be invalid, such judgment will not affect any other provisions of this Code.
B.
If any court or competent jurisdiction will adjudge invalid the application of any provision of this Code to a particular property or structure, such judgment will not affect the application of said provisions to any other property or structure.
§ 400.120 Zoning District Conversions.
The following zoning districts are hereby established. The zoning district classifications in effect before the effective dates specified in Section 400.020 are converted as follows:
Districts prior to effective date | Districts established on effective date |
|---|---|
A, Agricultural District | A, Agricultural District (10 ac.) |
RE, Rural Estate District (3 acres) | RE, Rural Estate District (3 ac.) |
RR, Rural Residential District (1-3 acres) | RR, Rural Residential District (1 ac.) |
None | R-1A, Single-Family Residential District (10,000 sf) |
R-1, Single-Family Residential District (8,400 sf) | R-1, Single-Family Residential District (8,400 sf) |
None | R-1.5, Single-Family Residential District (6,500 sf) |
R-2, Two-Family Residential District | R-2, Single and Two-Family Residential District |
None | R-3, Medium Density Residential District |
R-3, Multi-Family | R-3A, Multiple-Family Residential District |
R-3A, Garden Apartment District | R-3B, Apartment Community Residential District |
C-0, Non-Retail Business District | PO, Professional Office District |
C-1, Neighborhood Commercial District (modified) | C-1, Neighborhood Commercial District |
C-2, General Commercial District | C-2, General Commercial District |
C-3, Shopping Center District | C-3, Regional Commercial District |
C-M, Commercial/Manufacturing District | BP, Business Park District |
M-1, Light Industrial District | M-1, Light Industrial-Commercial District |
M-2, Heavy Industrial District | M-2, General Industrial District |
CCO, City Center Overlay District | CCO, City Center Overlay District |
None | GCO, Gateway Commercial Overlay District |
P, Planned District | P, Planned District Overlay |
PUD, Planned Unit Development District | PUD, Planned Unit Development District |
None | OT, Original Town District |
None | PR, Parks, Recreation and Public Use District |