[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Zoning Text Amendment. Application for a zoning text amendment
may only be initiated by the Board of Aldermen or Planning and Zoning
Commission.
B.
Zoning Map Amendment (Rezoning). Application for a zoning
map amendment or change in zoning may be initiated by the Board of
Aldermen, Planning and Zoning Commission and the owner or authorized
agent of the property affected.
C.
Conditional Use. Application for a conditional use may be
initiated by the Board of Aldermen, Planning and Zoning Commission
and the owner of the property affected.
D.
Planned District Concept Plan. Application for a concept
plan may only be filed by the owner of property or their authorized
agent when a zoning map amendment application for a Planned District
is filed.
E.
Site Plan. Application for a site plan may only be filed
by the owner of property or their authorized agent.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Application Submission. An application for a zoning map
amendment or change in zoning and conditional use shall be made to
the Planning and Zoning Commission upon appropriate forms available
from the Community Development Department and shall include a list
of names and addresses of all property owners within one hundred eighty-five
(185) feet of the rezoning area. Such application shall be made at
least twenty (20) days prior to a regularly scheduled Planning and
Zoning Commission meeting, unless the submission deadlines adopted
by the Planning and Zoning Commission contain different time periods.
B.
Proof Of Ownership And/Or Authorized Agent. Where an application
provided for in this Article has been filed by a landowner or authorized
agent, an affidavit of ownership or control of the land wholly contained
within the application, or authorizing an agent to submit an application
on behalf of the owner, shall be submitted to the Community Development
Department.
C.
Pre-Application Conference. Prior to filing an application
provided for in this Article, a pre-application meeting shall be required
between the applicant and the Community Development Director or his/her
authorized representative, unless waived by said Director. The purpose
of this meeting is to provide an opportunity to receive advice and
assistance of the City staff and shall not constitute a formal application.
The meeting is for informational purposes only and is not a substitute
for a complete reading by the applicant of all applicable regulations,
or is it to be considered as any indication of approval or disapproval
by the Community Development Director. The meeting may include a discussion
of technical studies, concept plans, site plans, landscape plans,
development standards and other information deemed relevant. A discussion
on anticipated level of citizen interest and notification requirements
shall also be included.
D.
Complete Applications Required. No application shall be
deemed complete until all items required to be submitted in support
of an application have been submitted subject to the provisions of
this Article. If the Community Development Director or his/her authorized
representative determines that the application is incomplete, the
Director shall return the application to the applicant as incomplete
and identify how the application is deficient with a written explanation
of his/her determination. The applicant may re-apply or may appeal
the determination to the Board of Adjustment.
E.
Concurrent Review. The applicant may request, subject to
the Community Development Director's approval, concurrent processing
and review of various development applications.
F.
Community Development Director Review. The Community Development
Director may distribute the application and other submittal to City
divisions and departments and to other appropriate City, County and
State agencies to solicit comments and ensure that the proposal complies
with all applicable standards and requirements.
G.
Submission Of Technical Studies. The Community Development
Director, Planning and Zoning Commission or Board of Aldermen may
require applicants for rezonings, conditional uses, concept plan and
a site plan to submit technical studies as may be necessary to enable
the Planning and Zoning Commission or Board of Aldermen to evaluate
the application. Examples of technical studies that may be required
shall include, but are not limited to, traffic studies, engineering
studies, geologic or hydrologic studies, environmental impact assessments,
noise studies, market demand studies and economic impact reports.
The persons or firms preparing the studies shall be subject
to the approval of the City Administrator and/or Community Development
Director. The costs of all studies shall be borne by the applicant.
H.
Planning And Zoning Commission And Board Of Aldermen Public Hearing.
1.
All proposed zoning map amendments, conditional uses and concept
plans as part of a planned district shall first be submitted to the
Planning and Zoning Commission for recommendation and report and no
amendment or change shall be made without a public hearing before
the Planning and Zoning Commission. The Planning and Zoning Commission
shall cause an accurate written summary to be made of the proceedings.
2.
Public notice of such hearing shall be published by the Community
Development Department not more than fifteen (15) days and not less
than five (5) days prior to the date of said hearing in a newspaper
of general circulation legally authorized to publish such notices,
and notification letters shall be mailed to all property owners within
one hundred eighty-five (185) feet of the proposed rezoning area.
Said notices shall notify the public that such hearing will take place,
fix the time and place for the hearing; describe the nature of the
application which will be presented; and state that the public may
attend and be heard. When the proposed changes is not a general revision
of an existing ordinance and will affect specific property, such property
shall also be designated by legal description. Proof of publication
of such notice shall be filed with the Planning and Zoning Commission
in advance of said hearing by the Community Development Department
who is responsible for such publications.
3.
After the public hearing before the Planning and Zoning Commission,
the Commission shall approve, approve subject to modifications or
deny the same and a report of such action, together with a recommendation
for final approval or denial, shall be made by the Planning and Zoning
Commission to the Board of Aldermen.
4.
No zoning map amendment or change, conditional use or concept plan shall be authorized without a public hearing before the Board of Aldermen. The procedures described above in Section 405.115(H)(2) shall be followed. The Board of Aldermen shall cause an accurate written summary to be made of the proceedings.
I.
Protest Petition. In case a protest against a zoning map
amendment or conditional use is presented, duly signed and acknowledged
(properly notarized) by the owners of thirty percent (30%) or more,
either of the areas of 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
shall not become effective except by the favorable vote of two-thirds
(2/3) of all members of the Board of Aldermen.
J.
Conditions Attached To Rezonings, Conditional Uses, Concept Plans
And Site Plans. The Planning and Zoning Commission may recommend,
and the Board of Aldermen may adopt, a zoning amendment, conditional
use, concept plan and a site plan with conditions attached. The City
may impose reasonable conditions on the approval of a conditional
use permit. Such conditions may include a provision approving a conditional
use permit limited to an individual property owner or owners alone
or a provision approving a conditional use permit for a specific period
of time
K.
Time Of Performance In Rezoning.
1.
In cases where the Planning and Zoning Commission and Board of Aldermen
deem that time of development is a critical factor in protecting the
public welfare in a rezoning action, a time of performance may be
included in the rezoning ordinance. Such time allowed for performance
shall be reasonable. Such time shall be not less than three (3) years
from the date of publication of the rezoning ordinance for all rezonings
into districts in which single-family dwellings are allowed and not
less than two (2) years from the date of publication of the rezoning
ordinance for all rezonings into districts in which single-family
dwellings are not allowed. Such ordinance shall clearly state what
constitutes performance in each case.
2.
If, at the termination of such stipulated period of time, performance
as required has not occurred, the Planning and Zoning Commission may,
within reasonable time thereafter, publish notice and conduct a public
hearing for purposes of determining whether or not a change in zoning
to a more restrictive district would, at that time, be in the public
interest. The owner of the property in question shall be notified
by registered mail of the proposed hearing not less than fifteen (15)
days prior to the date of the hearing. Other notification and posting
as required in this Section shall be performed by the City and all
proceedings shall be the same as for other rezoning actions.
3.
It shall be the purpose of this hearing to hear the owner and other
interested parties and make a determination as to which of the following
actions would be recommended to the Board of Aldermen:
4.
After the public hearing, the Planning and Zoning Commission shall
forward its recommendation to the Board of Aldermen. The Board of
Aldermen will then act to approve or disapprove the recommended action
consistent with these regulations.
L.
Limitation On Land Use. The Planning and Zoning Commission
and the Board of Aldermen may, in the process of rezoning land, limit
the use of the land to one (1) specific use permitted in the district
to which the land is rezoned.
M.
Fees. A fee, in the amount set by the Board of Aldermen,
shall accompany all applications. The amount of such fee shall also
reimburse the City for the cost of publication notice and notification
mailings to surrounding property owners for which the City agrees
to take responsibility.
N.
Limitations On Reapplication For Amendments.
1.
Whenever any application has been made under this Article and the
application has been denied by the Board of Aldermen or withdrawn
after it has been advertised for public hearing, such application
or one substantially similar shall not be reconsidered for the same
property sooner than six (6) months after the previous denial or from
the date the application was withdrawn.
2.
The Board of Aldermen may waive the limitation in this Section for
good cause if there is a substantial change in the original application.
All requests for an exemption from this Section shall be submitted
to the Board of Aldermen fifteen (15) days prior to a regularly scheduled
meeting of the Board of Aldermen and shall be included on the agenda
for that meeting as an agenda item. If the Board of Aldermen determines
that the application constitutes a substantial change from the original
application, the item will be advertised and public hearing will be
held at the next regularly scheduled meeting of the Planning and Zoning
Commission.
O.
Vested Rights. A landowner's rights shall be deemed vested
in a land use and such vesting shall not be affected by a subsequent
amendment or change to a zoning ordinance, a permit or site plan when
the landowner:
1.
Obtains or is the beneficiary of a significant affirmative governmental
act which remains in effect allowing development of a specific project.
2.
Relies in good faith on the significant affirmative governmental
act.
3.
Incurs extensive obligations or substantial expenses in diligent
pursuit of the specific project in reliance on the significant affirmative
governmental act.
P.
Development Agreements. Whenever it deems necessary, the
Board of Aldermen may direct the City Manager and City Attorney, with
the continuing participation of the Board of Aldermen or a committee
thereof, to enter into discussions and negotiations with a private
party to propose a developer agreement to effectuate any purpose or
goal set forth in this Unified Development Ordinance or the Kearney
City Comprehensive Plan.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
The
Planning and Zoning Commission and Board of Aldermen shall consider
each of the following criteria when reviewing a zoning map amendment.
1.
The existing uses of the subject property and uses of adjacent and
near properties.
2.
The current zoning of the subject property and adjacent or nearby
properties.
3.
The extent to which the property values are diminished by the present
zoning restrictions.
4.
The extent to which the restrictions diminishing property values
promote the health, safety, morals or general welfare of the public.
5.
The relative gain to the public compared to the extent of hardship
imposed upon the individual property owner.
6.
The suitability of the subject property considered under the proposed
zoning classification.
7.
The history of the use of the subject property considered in the
context of land development in the vicinity of the property.
8.
The conformity with the Kearney Comprehensive Plan or other planning
documents.
9.
The capacity to provide adequate public services, facilities and
utilities to accommodate the proposed development.
10.
The extent to which appropriate transportation design and access
is provided given existing and planned roadway capacity.
11.
The extent to which the rezoning will not result in adverse impacts
on the natural environment, including air, water, noise, stormwater
management, wildlife and vegetation, or such impacts will be substantially
mitigated.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
The
Planning and Zoning Commission and Board of Aldermen shall consider
each of the following criteria when reviewing a conditional use permit.
1.
The location and size of the proposed use in relation to the site
and to adjacent sites and uses of property, and the nature and intensity
of land use and operations proposed.
2.
Accessibility of the property to police, fire, refuse collection
and other municipal services.
3.
Adequacy of ingress and egress to and within the site; traffic flow
and control; and the adequacy of the off-street parking and loading
areas.
4.
Utilities and services, including water, sewer, drainage, gas and
electricity, with particular reference to location, availability,
capacity and compatibility.
5.
The location, nature and height of buildings, walls, fences and other
improvements; their relation to adjacent property and uses; and the
need for buffering or screening.
6.
The adequacy of required yard and open space requirements and sign
provisions.
7.
The general compatibility with adjacent properties; other properties
in the neighborhood; and the safety, health, comfort and general welfare
of the community. Conservation of property values.
8.
The consistency of the proposed use with the Kearney Comprehensive
Plan or other planning documents and provision for orderly and proper
renewal, development and growth.
9.
Conservation of property values; promotion of the safety of individuals
and property; provision of adequate light and air.
10.
Invasion of inappropriate uses and the value, type and character
of existing or authorized improvements and land uses.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Continuance. A conditional use permit shall be allowed to
continue, unless specified otherwise as a condition of its authorization,
as long as all conditions placed on it are met; however, if after
a public hearing the City finds that particular use ceases to exist
for a period of six (6) months or if the use is no longer in compliance
with the conditions placed upon such conditional use permit by the
Planning and Zoning Commission and/or the Board of Aldermen, the property
forfeits its conditional use permit and will not be allowed to exist
again unless a new application is made, a public hearing held as provided
for in these regulations and a new conditional use permit approved.
B.
Period Of Validity. The approval of a conditional use shall
lapse and become void unless the applicant shall apply for a building
permit within two (2) years of the date of approval by the Planning
and Zoning Commission. Upon the written request of the property owner
and for good cause shown, the Planning and Zoning Commission may grant
a one (1) year extension.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Purpose. The provisions of this Section establish special
procedures for approving a "concept plan" for planned zoning districts.
The procedures are in recognition of the fact that traditional density,
bulk, spacing and use regulations may impose inappropriate and rigid
restrictions upon the development of parcels or areas which lend themselves
to a unified, planned approach.
B.
Concept Plan Submission Requirements.
1.
Purpose and effect. An application for rezoning
to a Planned District shall include a concept plan and such additional
information as the applicant may deem necessary to provide a detailed
understanding of the proposed planned development. Although it is
unnecessary to become involved in the preparation of engineering drawings
at this stage, the concept plan must be sufficiently detailed to be
judged for its superiority to other forms of development or other
zoning districts.
2.
Contents of concept plan. At a minimum, a concept
plan shall include the following general information:
a.
Ten (10) copies of the concept plan must be submitted to the Community
Development Department at least thirty (30) working days in advance
of a scheduled Planning and Zoning Commission meeting. One (1) copy
shall be made available for public inspection at least fourteen (14)
days in advance of a public hearing.
b.
All copies of concept plans must be submitted on superior quality
paper in a twenty-four (24) by thirty-six (36) inch format (or a format
specified by the Community Development Director). The scale shall
be a professionally acceptable standard suitable to the area of the
purposed project.
c.
Unless otherwise specified, each concept plan shall contain the following
information:
(1)
Project title.
(2)
Plan creation and revision dates.
(3)
Name and address of owner and developer.
(4)
Name and address of the registered engineer, architect, surveyor
or landscape architect responsible for preparing the concept plan.
(5)
North arrow and graphic scale.
(6)
Names of abutting developments and landowners.
(7)
Topography at reasonable intervals.
d.
Uses proposed, in general categories.
e.
Intensity or density of uses proposed.
f.
Existing and proposed open space to achieve an appropriate transition
between land uses and densities and to protect adjoining properties
from adverse effects.
g.
Existing and proposed landscape plantings, buffer areas and conservation
easements.
h.
Existing and proposed development areas with a conceptual layout
of lots (for all developments) and buildings (for multi-family residential,
mixed-use and non-residential development).
i.
Existing and proposed street, ingress and egress to the project and
pedestrian networks.
j.
Existing and proposed utilities and public services.
k.
Existing 100-year floodplain boundary location.
l.
Existing wells and cemeteries.
m.
Conceptual building elevations.
n.
Conceptual design of signs.
o.
Phasing schedule for proposed construction and improvements.
p.
Additional information. Depending upon circumstances,
the City Administrator and/or Community Development Director, on behalf
of the Board of Aldermen and/or Planning and Zoning Commission, may
require additional information regarding, but not limited to, the
following:
(1)
Conceptual stormwater management plan prepared by a licensed
professional engineer, showing techniques to control runoff including,
but not limited to, natural overland flow, open channels, swales,
retention or detention basins.
All development shall control any stormwater drainage which
occurs off the property according to adopted City standards which
are currently "Storm Drainage Systems and Facilities of Division V,
Design Criteria of the Kansas City Metropolitan Article of the American
Public Works Association (APWA)".
(2)
Traffic impact study for large developments or for those in
heavy traffic areas. The specific purpose of these studies is to:
(3)
Information concerning hazardous materials or other environmental
impacts.
(4)
Survey showing the physical features of the property, including
contours at vertical intervals of not more than five (5) feet where
the slope is greater than ten percent (10%) and not more than two
(2) feet where the slope is less than ten percent (10%) and ten (10)
foot intervals for non-residential uses. Elevations shall be marked
on such contours based on the existing datum plane established by
the U.S. Coast and Geodetic Survey. Bench mark elevations used shall
be described on the plan.
C.
Planning And Zoning Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing as required in Section 405.115(H). Following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the Board of Aldermen its recommendations that the concept plan either be approved, be approved subject to modifications, or not be approved. In considering the concept plan and formulating its recommendation, the Planning and Zoning Commission shall be guided by, and shall in its report specifically address, the considerations of the Planned Development District, Section 405.170, General Site Design Standards, and any other relevant provisions of this Unified Development Code, and the Kearney Comprehensive Plan.
D.
Board Of Aldermen Approval. Following receipt of the report of the Planning and Zoning Commission, the Board of Aldermen shall hold a public hearing as specified in Section 405.115(H) and shall either refuse to approve the concept plan; shall refer it back to the Planning and Zoning Commission for further consideration of specified matters; or shall, by ordinance duly adopted, approve the concept plan, with or without modifications, to be accepted by the applicant as a condition of such approval. If such plan is approved with modifications, the approval shall not be considered final until the applicant has filed and the Board of Aldermen has accepted the applicant's written consent to, and confirmation of, such modifications.
E.
Concurrent Approvals. At the applicant's option, an application
for site plan and/or preliminary subdivision plat approval may be
submitted in conjunction with an application for a rezoning to a Planned
District. In such case, the applications shall be reviewed together
pursuant to their respective standards, the time limits for rezoning
shall apply to the joint application and no approval of a site plan
or preliminary subdivision plat shall be effective unless and until
the application for rezoning to planned development has been approved
by the Board of Aldermen. The application for site plan and/or subdivision
approval may be for the entire planned development site or for a phase
thereof which is consistent with the phasing plan ultimately adopted
by the Board of Aldermen.
F.
Building And Other Permits. After approval of a concept
plan and other required approvals and upon application by the applicant,
appropriate City Officials may issue building permits for construction
and other work in the area encompassed by the approved concept plan.
No such permit shall be issued unless the City is satisfied that the
requirements of all applicable codes or ordinances have been satisfied.
G.
Amendments To Concept Plan.
1.
Minor change. Any proposed change or changes to
an approved concept plan which meets the following criteria shall
be considered a minor change and may be permitted if approved by the
Community Development Director.
a.
Decreases by five percent (5%) or less of the area approved for public
and private open space.
b.
Relocates or modifies approved circulation elements as a result of
more detailed engineering or changes requested by staff, unless the
change would decrease the ability of such elements to function efficiently,
adversely affect their relation to surrounding lands and circulation
elements or would reduce their effectiveness as buffers or amenities.
2.
Special exception change. The following change or
changes to an approved development plan may be made by special exception
approved by the Board of Aldermen.
a.
Increases by five percent (5%) or less of the total number of units
to be devoted to any specified residential or non-residential use.
b.
Increases by five percent (5%) or less of the total floor area to
be devoted to any specified non-residential use.
c.
The arrangement of specified land uses and/or structures within the
planned development.
3.
Major change. Other than the minor amendments authorized
above, if an approved concept plan is amended, varied or altered,
such change shall be reviewed pursuant to the procedures established
by this Section for its original approval.
The minimum submission requirements for changes to an approved
concept plan shall be the same for either a new or an amended plan.
Changes being made may be shown only for those areas affected, not
the entire concept plan.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Purpose. The provisions contained in this Section are established
to ensure the safe and efficient movement of traffic, promote the
development of a harmonious and well-ordered community, further the
goals and objectives of the Kearney Comprehensive Plan and best serve
the interest of public health, safety and general welfare.
B.
Section Overview. A site plan application shall be submitted
at the time or prior to when a property owner submits an application
for a building permit. The site plan allows the office of Community
Development, Planning and Zoning Commission and Board of Aldermen
to ensure that new construction is in accordance with an approved
concept plan and is consistent with the provisions of the Unified
Development Code. Site plan approval is required prior to the issuance
of a building permit.
C.
Types Of Site Plan Review. A three (3) tier site plan review
process is incorporated into the UDC. The first (1st) tier of site
plan review involves a review and approval by the Planning and Zoning
Commission and Board of Aldermen and is referenced as a major site
plan review. The second (2nd) tier involves a review by the Planning
and Zoning Commission and is referenced as a minor site plan review.
The third (3rd) tier involves an administrative staff review and is
referenced as a staff level site plan review.
D.
Site Plan Required. Table 1 shows the three (3) tiers of
site plan reviews and identifies the types of development, structures,
land uses or construction activities when a site plan submission is
required.
|
TABLE 1. IDENTIFICATION OF LAND USE AND CONSTRUCTION ACTIVITIES
WHEN SITE PLAN REVIEW REQUIRED
| ||
|---|---|---|
|
Major Site Plan Review
|
Minor Site Plan Review
|
Staff Level Site Plan Review
|
|
All uses in the commercial districts.
|
New pole signs where none existed prior.
|
Tenant exterior refinishes in established shopping centers,
provided that it is in keeping with any approved site plan of record
for the shopping center.
|
|
All uses in the industrial districts.
|
Exterior refinishes and repainting in the original town.
|
On sites with a site plan of record, additions and accessory
buildings under five thousand (5,000) square feet and less than fifty
percent (50%) of the existing square footage of buildings on site
plan approved by Planning and Zoning Commission.
|
|
All nonresidential uses in the "R-R", Rural Residential District.
|
Conversion from one commercial use to another provided no drastic
facade changes are made.
| |
|
All permitted and conditional uses in the residential districts,
except for single-family structures and two-family dwellings and accessory
uses.
|
Any fence in a commercial or industrial district.
| |
|
Any addition to the building or major facade change to any building
that does not have an approved site plan of record.
|
New wall signs and/or monument signs where none existed prior.
| |
|
For sites with a site plan of record, any addition or accessory
building over 5,000 sq. ft. or over 50% of the existing square footage
of the buildings on a site plan approved by the Planning and Zoning
Commission.
|
Hard surfacing of existing gravel parking provided no new ingress/egress
site is under one-half (½) acre and no known drainage problems
exist.
| |
|
Any use conversion (e.g. converting a legal non-conforming single-family
home to a commercial use.
|
New hard surfacing under one-half (½) acre.
| |
|
New hard surfacing over one-half (½) acre or cumulative
additions that exceed one-half (½) acre.
| ||
|
New Drive-Through/Motor Vehicle Orientated Business (MVOB).
| ||
|
Any major facade change. All public buildings and institutions.
| ||
|
Above-ground structures associated with a public utility, utility
substation, water or sewer pumping station, water or sewer treatment
facility or commercial communication tower.
| ||
E.
Site Plan Exceptions.
1.
New one- and two-family structures. An application for single-family and duplex building permits shall include a plot plan of the site to be built upon. The plot plan shall be sealed by a land surveyor licensed in the State of Missouri. See Section 405.090 Permits (C)(2)(b)(1) for plot plan submission requirements.
F.
Site Plan Submission Requirements. The requirements for
submission of site plan shall include the following: Note these submission
requirements apply to major, minor and staff level site plan applications.
1.
An approved concept plan when located in a Planned Zoning District.
2.
Three (3) copies of the site plan must be submitted to the Community
Development Department.
3.
All copies of site plans must be submitted on superior quality paper
in a twenty-four (24) by thirty-six (36) inch format (or other similar
format specified by the Community Development Director). The scale
shall be a professionally acceptable standard suitable to the area
of the purposed project. In addition, ten (10) sets of reduced site
plans must be submitted in an eleven (11) by seventeen (17) inch format.
4.
Unless otherwise specified, each site plan shall contain the following
information:
a.
Project title.
b.
Plan creation and revision dates.
c.
Name and address of owner and developer.
d.
Name and address of the registered engineer, architect, surveyor
or landscape architect responsible for preparing the site plan.
e.
North arrow and graphic scale.
f.
Names of abutting developments and landowners.
5.
Property line bearings, distances and corners.
6.
Public rights-of-way.
7.
Easements and encroachments (location, dimensions, purpose).
8.
100-year floodplain, if applicable.
9.
Building footprint, dimensions, orientation and finished grade elevation.
10.
Contours and spot elevations at appropriate contour interval.
11.
Streets and roads (labeled).
12.
Sanitary sewer utility location, including manholes.
13.
Water utility location, including hydrants.
14.
Curb and gutter and sidewalks.
15.
Ditches, catch basins, stormwater detention or retention and drainage
channels.
16.
Fences, walls and exterior lighting.
17.
Outside storage areas, refuse disposal and service areas.
18.
Parking lot location, shape, dimensions and capacities, including
aisles, curbing, surface type, driveways and curb cuts.
19.
Loading and service area location, dimensions and capacities, including
aisles, curbing, surface type, driveways and curb cuts.
22.
The Planning and Zoning Commission, in its discretion, may require
a survey showing the physical features of the property, including
contours at vertical intervals of not more than five (5) feet where
the slope is greater than ten percent (10%) and not more than two
(2) feet where the slope is less than ten percent (10%) and ten (10)
foot intervals for non-residential uses. Elevations shall be marked
on such contours based on the existing datum plane established by
the U.S. Coast and Geodetic Survey. Bench mark elevations used shall
be described on the plan.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Major Site Plan Review Procedure. Site plans subject to major site plan review shall be reviewed by the Planning and Zoning Commission and Board of Aldermen. In their review of a major site plan, the Planning and Zoning Commission and Board of Aldermen shall follow Article XXIV, Site Development Standards.
B.
Required Submissions.
1.
Upon application to the Community Development Department for a building permit, the applicant shall submit a complete set of site plans. See Section 405.140(F), Site Plan Submission Requirements.
2.
If the Community Development Department finds the submission to be
incomplete (i.e., contains insufficient information to render a decision
on the plans), the Community Development Department shall notify the
applicant of the information required for a complete submission or
shall reject the application.
C.
Referral To Planning And Zoning Commission. The Community
Development Department shall, within thirty (30) days of receipt of
a complete submission, submit said plans, together with the staff
report, to the Planning and Zoning Commission.
D.
Action By Planning And Zoning Commission. The Planning and
Zoning Commission shall, within forty-five (45) days of receipt of
said site plans and report from the Community Development Department,
review and approve, approve with conditions or deny applications for
major site plan approval at a public meeting. All interested persons
shall have the right to appear and speak concerning the application.
E.
Action By Board Of Aldermen. The Board of Aldermen shall
review and approve, approve with conditions or deny applications for
major site plan approval at the first (1st) available public meeting
after action by the Planning and Zoning Commission. All interested
persons shall have the right to appear and speak concerning the application.
F.
Action By Community Development Director. The Community
Development Director shall review the approved site plan for each
phase or all of the development prior to the issuance of a building
permit by the Building Inspector. If the property is not to be developed
as indicated by the site plan or any approved amendments, the Community
Development Director shall refuse to sign off on any building permit.
The building permit applicant, in case of denial of a building permit,
may appeal the action to the Board of Adjustment as provided by this
UDC.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Minor Site Plan Review Procedure. Site plans subject to minor site plan review shall be reviewed by the Planning and Zoning Commission. In their review of a minor site plan, the Planning and Zoning Commission shall follow Article XXIV, Site Development Standards.
B.
Required Submissions.
1.
Upon application to the Community Development Department for a building permit, the applicant shall submit a complete set of site plans. See Section 405.140(F), Site Plan Submission Requirements.
2.
If the Community Development Department finds the submission to be
incomplete (i.e., contains insufficient information to render a decision
on the plans), the Community Development Department shall notify the
applicant of the information required for a complete submission or
shall reject the application.
C.
Referral To Planning And Zoning Commission. The Community
Development Department shall, within thirty (30) days of receipt of
a complete submission, submit said plans, together with the staff
report, to the Planning and Zoning Commission.
D.
Action By Planning And Zoning Commission. The Planning and
Zoning Commission shall, within forty-five (45) days of receipt of
said site plans and report from the Community Development Department,
review and approve, approve with conditions or deny applications for
major site plan approval at a public meeting. All interested persons
shall have the right to appear and speak concerning the application.
E.
Action By Community Development Director. The Community
Development Director shall review the approved site plan for each
phase or all of the development prior to issuance of a building permit
by the Building Inspector. If the property is not to be developed
as indicated by the site plan or any approved amendments, the Community
Development Director shall refuse to sign off on any building permit.
The building permit applicant, in case of denial of a building permit,
may appeal the action by the Community Development Director to the
Board of Adjustment as provided by this UDC.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Staff Level Review Procedure. Site plans subject to staff level site plan review shall be reviewed by the Community Development Department. In their review of a site plan, the City staff shall follow Article XXIV, Site Development Standards.
B.
Required Submissions.
1.
Upon application to the Community Development Department for a building permit, the applicant shall submit a complete set of site plans. See Section 405.140(F), Site Plan Submission Requirements.
2.
If the Community Development Department finds the submission to be
incomplete (i.e., contains insufficient information to render a decision
on the plans), the Community Development Department shall notify the
applicant of the information required for a complete submission or
shall reject the application.
C.
Action By Community Development Director. The Community
Development Department shall review and approve, approve with conditions
or deny the site plan within thirty (30) days of a complete application.
D.
Appeals. All appeals from the decision of the Community
Development Department shall be taken by the applicant to the Planning
and Zoning Commission and shall be filed, processed and reviewed by
the Planning and Zoning Commission as a new site plan submission,
but without additional fees.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Following approval of a site plan submitted in compliance with
this Article, all real property described in the building permit application
must be improved, developed and used in accordance with the approved
site plan and building permit application and any written proposals
submitted therewith within the time schedule set forth on the site
plan. Changes and modifications to the site plan shall be subject
to the same procedures and standards set forth in this Article for
initial approval. Upon approval of the site plan and issuance of the
building permit, the property owner is responsible for completing
all improvements shown on the site plan.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Any approval of a site plan either by the Community Development
Department, Planning and Zoning Commission or Board of Aldermen shall
become void one (1) year from the date of approval if no occupancy
or building permit has been issued for development of the project.
An extension of six (6) months may be granted by the Community Development
Director upon written request of the owner or developer. Further extensions
may only be granted by the Planning and Zoning Commission and/or Board
of Aldermen.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
In the review of a site plan, the Community Development Department, Planning and Zoning Commission and/or Board of Aldermen shall review the site plan for compliance with the provisions of this Unified Development Code, principles of good planning and design as presented in Article XXIV, Site Development Standards, and to advance the intent and purpose of this Article.
B.
The
applicant must demonstrate that the site plan meets the following
standards and that the development as proposed will not be detrimental
to the public health, safety or general welfare:
1.
The development shall be compatible with (and not cause adverse impact
on) the neighboring properties and public facilities.
2.
The development shall provide adequate parking and safe access to
and from public streets and highways and shall minimize adverse effects
on vehicular and pedestrian circulation. If deemed necessary by the
Community Development Department, Planning and Zoning Commission or
Board of Aldermen, the applicant may be required to prepare a traffic
impact analysis to quantify the amount of traffic generated by the
proposed development and projected impacts on traffic circulation
in the area.
3.
The development shall provide for open space and parkland, when required,
and protect sensitive natural areas from development which minimizes
natural hazards.
4.
The development shall be adequately served by public facilities and
services such as sewer, water, street lights, sidewalks, stormwater
management and/or storm drains; and police, fire and refuse collection.
5.
The development of commercial structures shall ensure the highest
possible quality, design, appearance and character or theme of architecture
that best advances the overall image of the community and relates
to, and/or compliments with, adjacent sites and structures.
6.
The development of new buildings or renovation, remodeling and additions
to existing buildings in the "Original Town" shall incorporate building
materials and architectural designs consistent with the overall design
character.
a.
Architectural styles and buildings shall compliment the historic
development patterns and preserve the area's distinct visual character.
b.
Building quality shall meet or exceed that of the surrounding area
to upgrade building conditions and appearances, to improve economic
viability and to reduce blight.
c.
Within any area that is designated now or in the future as a historic
district or as a historical landmark, such area or structure shall
adhere to the Secretary of Interior Standards for Rehabilitation.
C.
Site
plans for stormwater management and/or sediment and erosion control
measures, as required, shall be reviewed by the City Engineer for
compliance with City and State requirements.
1.
All development shall control any stormwater drainage which occurs
off the property according to adopted City standards which are currently
"Storm Drainage Systems and Facilities of Division V, Design Criteria
of the Kansas City Metropolitan Article of the American Public Works
Association (APWA)".
