Chapter 470 Development Review Procedures

§ 470.010 General Requirements.

Summary of Procedures. The following table provides a summary of the review and approval procedures of this chapter. In the event of conflict between this summary table and the detailed procedures contained elsewhere in this chapter, the detailed procedures govern.

[Amendment 2 – Ordinance 29073, 7-27-2009; Amendment 22 - Ordinance 2015-068, 9-14-2015; Amendment 24 - Ordinance 2017-004, 2-13-2017; Amendment 28 - Ordinance 2018-066, 9-10-2018; Amendment 34 - Ordinance 21-073, 12-13-2021; Amendment 36 - Ordinance 2023-076, 10-9-2023]

Key
R = Recommendation	D = Decision	A = Appellate authority	[ ] Public Hearing Required

	Development Services Director and Engineering Staff	Board of Adjustment	Planning & Zoning Commission	City Council	Board of Appeals
Zoning map amendments (rezoning)	R		[R]	[D]
Text amendments	R		[R]	[D]
Conditional uses	R		[R]	[D]
Uses subject to special conditions	D
Planned unit development (PUD)	R		[R]	[D]
Zoning Variances	R	[D]
Appeals of UDC Administrative Decisions		D
Minor subdivision plat	D	A
Preliminary subdivision plat	R		[R]	[D]
Final subdivision plat	R		R	D
Replat	D	A
Zoning certificate	D	A
Sign permit	D	A
Site plan review	D or R		A or D	A
Right-of-way Vacation	R		[R]	[D]
Interpretations	D	A			A (Chapter 455 or 460)
Administrative adjustments	D	A
Natural Resource Protection Variances	R				D
Flood Plain Management Variances	R				D
Inflatable Signs	R		D	A
Easement Vacation	R			D

Pre-application Conferences.

Purpose and Applicability.

Before submitting a formal application for a map amendment, preliminary plat, conditional use, planned unit development, or site plan, the applicant or his/her agent and the applicant’s engineer and/or land planning consultant must confer with the Development Review Committee. The purpose of this conference is to inform the applicant of the requirements of development regulations as they apply to the property in question and to alert the applicant to potential problems with the location or design of the subdivision or proposed development. The purpose of the inquiry is for the owner to become familiar with procedures required by the City of Raymore, and potential challenges with the project, including:

(1)

Procedure for filing plans;

(2)

Availability of public infrastructure;

(3)

Growth Management Plan requirements for improvements such as arterial and collector streets, land use, parks, schools and public open spaces;

(4)

Anticipated need to submit technical studies, such as a traffic study or preliminary stormwater study;

(5)

Zoning requirements for the property in question and adjacent properties;

(6)

Special setback requirements for arterial, collector and local streets; and

(7)

Citizen concerns.

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.

Applications.

Contents.

All applications required under this chapter must be submitted in a form and the number required by the Development Services Director, unless otherwise specified.

Officials responsible for accepting applications must maintain a list specifying the materials and information to be submitted with each application filed. The list must be made available to all applicants and to any other person who requests a copy.

All applications shall include the submission requirements as identified in the application packet.

Completeness.

An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information, and is accompanied by the required fee. The Development Services Director has the authority to determine whether the application is complete.

If an application is determined to be incomplete, written notice explaining the deficiencies must be provided to the applicant.

No further processing of incomplete applications will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within ninety (90) days, the application will be considered withdrawn.

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.

[Amendment 8 – Ordinance 2011-9, 2-28-2011]

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.

[Amendment 2 – Ordinance 29073, 7-27-2009; Amendment 16 – Ordinance 2013-056, 8-26-2013]

An applicant may submit a request to stay consideration of an application at any time during the application review process. All review of the application will be placed on hold until the applicant contacts the Development Services Director and indicates consideration of the application can again commence.

The Development Services Director can determine an application is inactive if:

(1)

No correspondence, such as a letter, phone call, or email is received from the applicant regarding the application for a period of time that exceeds ninety (90) days; or

(2)

No documentation or revised plans have been submitted to allow for continuation of review of the application.

The maximum amount of time an application is permitted to remain inactive is one (1) year from the date the request to stay consideration of the application is made or from the date the Development Services Director determines the application is inactive. If an applicant does not withdraw the application or authorize review to again commence within the one-year time period, then the application shall expire and a new application, including filing fee, shall be submitted to commence review.

Submission of Technical Studies.

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 Hearings.

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

Informational Notice (“Good Neighbor Notice”).

(1)

This sub-section applies to rezoning, preliminary plat, and PUD applications.

(2)

An informational notice providing a date, time and location of a neighborhood meeting to discuss the proposed project shall be prepared by the City and mailed within three (3) days of filing the application to the following interested parties:

(a)

All property owners within one hundred eighty-five (185) feet of the boundaries of the property for which the zoning change is requested;

(b)

The President of any Property Owners’ Association of which the subject property in an application before the Planning and Zoning Commission is included or is adjacent to; and

(c)

The City Council ward representatives.

Published Notice.

(1)

All published notices for public hearings must be placed at least once in a newspaper of general circulation in the City, at least fifteen (15) days prior to the hearing. Published notices must contain:

(a)

The date, time and location of any upcoming public hearings on the matter;

(b)

Where an application will affect a particular property, a legal description, address or general description sufficient to identify the subject property;

(c)

A description of the nature and purpose of the application;

(d)

The name and address of the applicant; and

(e)

Contact information for additional information on the application.

(2)

Published notice is all that is required for comprehensive text amendments to the Unified Development Code.

Mailed Notice.

(1)

All mailed notices must be provided and mailed via first-class mail at least fifteen (15) days before the hearing to all owners of property located within at least one hundred eighty-five (185) feet of the subject property. Mailed notices must contain:

(a)

The date, time and location of any upcoming public hearings on the matter;

(b)

Where an application will affect a particular property, the address or general description sufficient to identify the subject property, and a statement that a complete legal description is available for public inspection;

(c)

A description of the nature and purpose of the application;

(d)

The name of the applicant; and

(e)

Contact information for additional information on the application.

(2)

When the notice has been deposited in the mail, failure of a party to receive such notice will not invalidate any subsequent action taken by the Planning and Zoning Commission, Board of Adjustment, and/or the City Council.

(3)

Such notice is sufficient to permit the Planning and Zoning Commission, Board of Adjustment, and/or City Council to consider applications that will affect only a portion of the land described in the notice.

Posted Sign Notice.

[Amendment 8 – Ordinance 2011-9, 2-28-2011]

(1)

This subsection applies to Rezoning, Preliminary Plat, Conditional Use Permit and Planned Unit Development applications.

(2)

The City will post a sign informing the general public that a hearing will be held concerning the pending application. The sign will be furnished by the City and must be posted at least fifteen (15) days prior to the date of the public hearing.

(3)

A sign must be posted along each road frontage in a conspicuous place on the property upon which action is pending. The sign must be placed within five (5) feet of the right-of-way line in a central position on the property and placed so that the sign is clearly visible from the street.

(4)

The applicant is responsible for maintaining the sign on the property for at least the fifteen (15) days prior to the hearing, through the hearing, and through any continuances of the hearing.

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

Neighborhood Meeting.

(1)

When a neighborhood meeting is required, the meeting shall be held prior to consideration of the application by the Planning and Zoning Commission.

(2)

A summary of the neighborhood meeting will be prepared by staff and included in the staff report submitted to the Planning and Zoning Commission.

Public Hearing.

(1)

A record of the public hearing proceedings must be preserved in such manner and conducted in accordance with the applicable rules and procedures adopted by the Planning and Zoning Commission or Board of Adjustment.

(2)

Any interested person or party may appear and be heard at the hearing as follows:

(a)

In person;

(b)

By agent or representative;

(c)

By attorney; and/or

(d)

By submitting comments in writing to be read in its entirety and entered into the record.

§ 470.020 Zoning Map and Text Amendments.

Authority. The City Council may, by ordinance, amend, supplement, change, modify or repeal the Unified Development Code and the zoning district boundaries.

Initiation of Amendments. Zoning Map amendments may be initiated by the City Council, the Planning and Zoning Commission or upon application by the owner(s) of a property proposed to be affected. Text amendments may be initiated by the City Council or the Planning and Zoning Commission.

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

Applications. When the owner of the property affected initiates an amendment to the district boundaries, an application for such amendment must 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 so that a public hearing date can be established in accordance with Section 470.010E.

Memorandum of Understanding. A Memorandum of Understanding (MOU) may be required by the City for any zoning map amendment request.

Procedure.

[Amendment 16 – Ordinance 2013-056, 8-26-2013]

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.

The City Council must consider the request for an amendment within sixty (60) days of receipt of written recommendation of the Planning and Zoning Commission. Upon receipt of the recommendation of the Planning and Zoning Commission and any protest petitions that have been submitted, the City Council must consider the application and may take final action to approve or disapprove it.

If final action is not taken by the City Council within one hundred twenty (120) days after the recommendation of the Planning and Zoning Commission is submitted to it, the proposed amendment will be deemed to have been defeated and denied, unless the applicant has consented to an extension of this time period. Whenever a proposed amendment is defeated, either by vote of the City Council or by inaction described in this section, such amendment cannot be passed without another public hearing that is noticed in accordance with this chapter.

If the City Council approves an application, it will adopt an ordinance to that effect. If the Official Zoning Map has been adopted by reference, the amending ordinance will define the change or boundary as amended, will order the Official Zoning Map to be changed to reflect such amendment and will amend the section of the Unified Development Code incorporating the same and reincorporate the zoning map as amended.

Whenever a proposed map amendment is denied, a map amendment for the same lot or parcel shall not be filed by the same applicant for at least one (1) year.

Findings of Fact.

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:

The character of the surrounding neighborhood, including the existing uses and zoning classification of properties near the subject property;

The physical character of the area in which the property is located;

Consistency with the goals and objectives of the Growth Management Plan and other plans, codes and ordinances of the City of Raymore;

Suitability of the subject property for the uses permitted under the existing and proposed zoning districts;

The trend of development near the subject property, including changes that have taken place in the area since the subject property was placed in its current zoning district;

The extent to which the zoning amendment may detrimentally affect nearby property;

Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested zoning map amendment;

The suitability of the property for the uses to which it has been restricted under the existing zoning regulations;

The length of time (if any) the property has remained vacant as zoned;

Whether the proposed zoning map amendment is in the public interest and is not solely in the interests of the applicant; and

The gain, if any, to the public health, safety and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.

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:

Whether such change is consistent with the intent and purpose of the Unified Development Code and plans adopted by the City of Raymore;

Whether the proposed text amendment corrects an error or inconsistency in the code;

The areas which are most likely to be directly affected by such change and in what way they will be affected;

Whether the proposed amendment is made necessary because of changed or changing conditions in the areas and/or zoning districts affected by it; and

Whether the proposed text amendment is in the best interests of the City as a whole.

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.

§ 470.030 Conditional Uses.

Purpose. Conditional uses are those types of uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district or where product, process, mode of operation or nature of business may prove detrimental to the health, safety, welfare or property values of the immediate neighborhood and its environs. Some conditional uses may also be permitted only after complying with additional requirements in Chapter 420.

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

Applications. An application for a conditional use 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 so that a public hearing date can be established in accordance with Section 470.010E.

Procedure.

[Amendment 16 – Ordinance 2013-056, 8-26-2013]

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 City Council must consider the request for a conditional use permit within sixty (60) days of receipt of written recommendation of the Planning and Zoning Commission. Upon receipt of the recommendation of the Planning and Zoning Commission, the City Council must consider the application and may approve, approve with conditions or disapprove the application. If the City Council approves an application, it will adopt an ordinance to that effect.

Conditions of Approval.

[Amendment 8 – Ordinance 2011-9, 2-28-2011]

(1)

In approving a conditional use, the City Council may impose conditions, safeguards and restrictions upon the applicant and the premises that will benefit from the conditional use as may be necessary.

(2)

The City Council may:

(a)

Limit the conditional use permit to a specific time period;

(b)

Allow the conditional use permit to be transferrable; or

(c)

Allow the conditional use permit to be renewed.

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:

[Amendment 22 – Ordinance 2015-068, 9-14-2015]

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:

The location, nature and height of buildings, structures, walls, and fences on the site, and

The nature and extent of landscaping and screening on the site.

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;

10.

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

11.

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

In its deliberation of a request for a conditional use permit for a sign, the Planning and Zoning Commission and City Council must make findings of fact taking into account the following:
i.	The size of the sign is appropriate for the property;
ii.	The location selected for the sign does not interfere with the visibility of any conforming sign installed on adjacent property;
iii.	The number of signs requested for the property is appropriate;
iv.	Whether there is a condition unique to the property, such as topography, line-of-sight, natural feature, or other factor that necessitates that the conditional use be granted so the sign will be visible; and
v.	Whether the sign, due to its height, size, location, or total number of signs on the property will have a significant impact on the general welfare of the neighborhood or community; and
vi.	Whether the sign is compatible with the general character of surrounding property.

§ 470.040 Special Uses.

Purpose. The division of the City into zoning districts is based upon the principle that similar conditions prevail throughout a particular zoning district. Some uses of land would not normally appear as uses permitted outright in various zoning districts, but it would be beneficial to allow such uses, under certain conditions, without changing the base zoning district.

Applications. An application for a use subject to special conditions 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.

Procedure. Uses subject to special conditions are reviewed and approved or disapproved by the Development Services Director. A building permit or certificate of occupancy will not be issued for any permitted use subject to “special conditions” until all of the required conditions have been met.

Required Conditions. The Use Tables in Section 405.020 and Section 410.020 specify uses subject to special conditions and Chapter 420 identifies the special conditions under which these uses are permitted in a zoning district.

§ 470.050 Planned Unit Development (PUD).

Purpose. The purpose of a Planned Unit Development (PUD) District is to encourage the unified design of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof in accordance with an approved comprehensive development plan. This district provides for greater flexibility in the design of buildings, yards, courts, and circulation that is provided by other districts.

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

Preliminary Plan Applications. An application for a planned unit development 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 so that a public hearing date can be established in accordance with Section 470.010E.

Memorandum of Understanding. A Memorandum of Understanding (MOU) shall be prepared for all Planned Unit Development applications. The MOU will be prepared by the City and included with the application when submitted to the Planning and Zoning Commission for consideration. The applicant shall sign the MOU prior to submittal of the application to the City Council.

Preliminary Plan Procedure.

[Amendment 16 – Ordinance 2013-056, 8-26-2013]

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.

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:

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

10.

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.

Effect of Preliminary Development Plan Approval. Approval of the Preliminary Development Plan constitutes approval of a preliminary plat. A preliminary plat review fee is not required.

Status of Preliminary Development Plan After Approval.

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.

Expiration of Preliminary Plan Approval.

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.

Final Plat Application. After approval of a preliminary plan and prior to the issuance of any building permit or zoning certificate, 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 filed with the Development Services Director. The final plat may include the entire planned unit development or may be for a unit or section thereof as set forth in the approval of the preliminary plan. The application must include covenants, easements, conditions and form of performance bond as set forth in the approval of the preliminary plan and in accordance with the conditions established in this Code.

Contents of the Final Plan. The final plan must include all information required for final plats in accordance with Section 470.130.

Final Plan Procedure. Final Plans will be approved and recorded according to the final plat procedure of Section 470.130.

Effect of Approval. All final plans filed will:

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 and Modification of Final Development Plans. To further the mutual interest of the residents and owners of the planned unit development and of the public in the preservation of the integrity of the plan, as finally approved, and to insure that modifications, if any, in the plan will not impair the reasonable reliance of the said residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plan, covenant, easement or otherwise, will be subject to the following provisions:

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

The use of land and the use, bulk, and location of buildings and structures;

The quality and location of common open space;

The intensity of use or the density of residential units will run in favor of the municipality and will be enforceable in law or in equity by the municipality, without limitation on any powers or regulation otherwise granted the municipality by law; and

The owner(s) will be responsible for the payment of attorney’s fees, costs, and expenses incurred by the City in its’ successful enforcement of the provisions of the plan.

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:

No such modification, removal or release of the provisions of the plan by the municipality will affect the rights of the residents and owners of the planned unit development to maintain and enforce those provisions, at law or equity, as provided in paragraph (2) of this section.

No modification, removal or release of the provision of the plan by the municipality will be permitted except upon a finding by the municipal authority, following a public hearing called and held in accordance with the provisions of this section; that the same is consistent with the efficient development and preservation of the entire planned unit development and does not adversely affect either the enjoyment of the land abutting upon or across a street from the planned unit development for the public interest; and is not granted solely to confer a special benefit upon any person.

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.

Amendments. A planned unit development district ordinance or any approved preliminary development plan may be amended in the same manner prescribed in this chapter for approval of the initial preliminary plan. Application for amendment may be made by the subdivision developer, homeowner’s association or fifty-one percent (51%) of the owners of property within the PUD.

§ 470.060 Zoning Variances.

Authority and Applicability. The zoning variance procedures of this section authorize the Board of Adjustment to approve, in specific cases, variances from specific zoning standards of this Code that will not be contrary to public interest and where, owing to special conditions, a literal enforcement of zoning standards would result in unnecessary hardship. In approving variances where there are practical difficulties or unnecessary hardship, the Board may vary or modify the application of any provisions of such ordinance relating to construction or alteration of use of land if it determines the public safety and welfare will be secured and substantial justice will be done.

Prohibited Variances. The Board of Adjustment may grant variances from all requirements of this Code except:

[Amendment 21 – Ordinance 2015-005, 1-26-2015]

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.

Applications. An application for a variance 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 so that a public hearing date can be established in accordance with Section 470.010E.

Procedure.

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.

Findings of Fact. A request for a variance may be granted upon a finding of the Board that all of the following conditions have been met. The Board will make a determination on each condition, and the finding will be entered into the record.

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.

A request for a variance of use may be granted upon a finding of the Board that all of the following conditions have been met. The Board will make a determination on each condition, and the finding will be entered into the record.
i.	The strict application of the provisions of the Unified Development Code would constitute an unnecessary hardship upon the applicant or landowner.
ii.	Relief is necessary because of the unique character of the property.
iii.	The variance will not destroy the preservation of the Growth Management Plan.
iv.	Granting the variance will result in substantial justice for all.

Conditions of Approval.

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.

Appeal of Board’s Decision. Any person or persons jointly or severally aggrieved by any decision of the Board, any neighborhood organization as defined in Section 32.105, RSMo. representing such person or persons, or any officer, department, board or bureau of the municipality may present to the Circuit Court of the County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board.

§ 470.070 Floodplain Development Permit.

Applicability. A floodplain development permit is required for all proposed construction or other development, including the placement of manufactured structures, within the lands described in Section 460.010D. No person, firm, corporation or unit of government may initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.

Application. To obtain a floodplain development permit, the applicant must first file an application in writing on a form furnished for that purpose. Every floodplain development permit application must:

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.

§ 470.080 Appeals of Administrative Decisions.

Applicability. This section sets forth the required review and approval procedures for appeals of administrative decisions.

Right to Appeal. Unless an alternative appeal process is specified herein, the Board of Adjustment is authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Development Services Director or other official of the City in the administration or enforcement of this Code.

Application.

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.

Procedure.

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.

Findings of Fact. An appeal will be sustained only if the Board of Adjustment finds that the administrative official erred. Every decision of the Board of Adjustment must be accompanied by written findings of fact that specify the reason for the decision.

Appeals of Board of Adjustment Decisions. Any person aggrieved by a decision of the Board of Adjustment may present to the Circuit Court of the County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented to the Court within thirty (30) days after the date on which the Board of Adjustment’s written decision on the matter is filed in the office of the City Clerk.

§ 470.090 Subdivision Review and Platting, Generally.

Application.

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.

Unlawful to Record Plat without Final Plat Approval. No owner or agent of the owner, of any land located within the City of Raymore may transfer, sell, agree to sell or negotiate to sell land by reference to or by other use of a plat of any proposed subdivision of the land before the plat has been approved by the City Council and recorded with the Cass County Office of the Recorder of Deeds.

Approval Procedures. Subdivision review and plat approvals will be completed according to the procedures of Section 470.100 through Section 470.130.

§ 470.100 Minor Subdivisions.

Applicability. A subdivision may qualify as a “minor subdivision” if:

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.

Applications.

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.

Contents of the Minor Subdivision Plat. The contents of the minor subdivision plat must include all the data, information and certifications required on final plats as specified in Section 470.130.

Development Services Director Review. All proposed minor subdivision plats will be submitted to the Development Services Director for review. If a proposed minor subdivision complies with the applicable requirements of the Unified Development Code, then the Development Services Director may approve the minor subdivision plat.

[Amendment 34 - Ordinance 21-073, 12-13-2021]

Recording; Effect of Approval. Upon approval of the minor subdivision plat by the Development Services Director, the subdivider will be responsible for recording the plat with the Cass County Recorder of Deeds and returning the required copies of the plat to the Development Services Director in accordance with Section 470.130F.

[Amendment 34 - Ordinance 21-073, 12-13-2021]

§ 470.110 Preliminary Plat.

Applications.

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.

Memorandum of Understanding. A Memorandum of Understanding (MOU) may be required by the City for any preliminary plat application request.

Procedure.

[Amendment 16 – Ordinance 2013-056, 8-26-2013; Amendment 19 – Ordinance 2014-063, 9-8-2014]

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.

Upon receipt of a complete application, the Development Services Director will distribute copies of the preliminary 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.

The Development Services Director will also distribute copies of the preliminary plat to the following governmental agencies, departments, and other persons as may be deemed appropriate for the particular proposed subdivision:

Fire District;

Police Department;

School District;

State Highway Department (if the subdivision is adjacent to a State highway); and

(5)

Any utility companies providing gas, electric or telephone service in or near the subdivision.

The agencies, departments and persons identified in this section will have a minimum of ten (10) working days to review the preliminary plat and to make their report and recommendations to the Planning and Zoning Commission.

If a report has not been returned to the office of the Development Services Director within ten (10) working days after receiving a plat for review, the proposed plat will be deemed to be in conformance with the laws, rules or policies of the reviewing agency or department.

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.

The Planning and Zoning Commission will consider the preliminary plat within sixty (60) days of its receipt by the Development Services Director, or at the next regular meeting for which the plat may be scheduled.

The Planning and Zoning Commission will review and consider the reports and recommendations of the agencies, departments and persons to whom the preliminary plat has been submitted for review.

If the preliminary plat does comply with all requirements, the Planning and Zoning Commission will forward the application to the City Council with a recommendation of approval.

If the preliminary plat is in general, but not complete compliance, the Planning and Zoning Commission may recommend conditional acceptance of the preliminary plat. The conditions of such acceptance will specify the modifications necessary to achieve full compliance. The Planning and Zoning Commission will forward the application to the City Council with a recommendation of approval, subject to conditions.

If the preliminary plat is not in compliance with all requirements, the Planning and Zoning Commission will recommend disapproval of the preliminary plat. Within ten (10) days of its final action, the Planning and Zoning Commission must notify the subdivider in writing of the reasons for its recommendation for disapproval.

If the preliminary plat is not recommended for approval, the subdivider may modify the preliminary plat and re-submit it to the Planning and Zoning Commission. If the plat is amended and re-submitted within sixty (60) days of the disapproval of the original preliminary plat, no additional filing fee will be required. The Planning and Zoning Commission may reconsider the preliminary plat at a regular meeting for which the plat may be scheduled by the Development Services Director.

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.

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 City Council must consider the request within sixty (60) days of receipt of written recommendation of the Planning and Zoning Commission. Upon receipt of the recommendation of the Planning and Zoning Commission, the City Council must consider the application and may take final action to approve or disapprove it.

If final action is not taken by the City Council within one hundred twenty (120) days after the recommendation of the Planning and Zoning Commission is submitted to it, the preliminary plat will be deemed to have been defeated and denied, unless the applicant has consented to an extension of this time period. Whenever a preliminary plat is defeated, either by vote of the City Council or by inaction described in this section, such preliminary plat cannot be passed without another public hearing that is noticed in accordance with this chapter.

If the City Council approves an application, it will adopt a resolution to that effect.

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:

The preliminary plat will not adversely affect the appropriate use of neighboring property;

The preliminary plat is in compliance with all applicable regulations of the Unified Development Code, Growth Management Plan, and other City regulations and plans;

The preliminary plat will not impose undue burden upon existing public services and facilities; and

The preliminary plat will make adequate provision to accommodate resulting additional demands which may be imposed upon roads and streets, water supply and storage, storm sewerage, sanitary sewerage, and wastewater treatment without substantially increasing public costs and expenditures.

Effect of Approval of Preliminary Plat.

Approval of the preliminary plat does not constitute final acceptance of the subdivision by the City Council, but will be considered permission to prepare and submit a final plat. Preliminary plat approval will be effective for no more than one (1) year from the date approval was granted unless:

(1)

(2)

Upon the request of the subdivider, the City Council grants an extension; or

(3)

Final plat applications are submitted in accordance with the requirements for staged development of final plats in accordance with Section 470.130E.

If preliminary plat approval expires, the preliminary plat must be re-submitted as if no such plat had ever been approved.

Extension of Preliminary Plat.

City Council may grant an extension to the expiration date of a preliminary plat under the following conditions:

(1)

An applicant must submit a request for an extension prior to the expiration date of the preliminary plat. The request must include a basis for the extension.

(2)

An extension of the preliminary plat can only be requested if it remains unchanged from last acceptance.

(3)

A request for extension does not require submission of a new application fee or a public hearing.

If the request for an extension fails to obtain City Council approval the preliminary plat will expire on its most recent expiration date unless a final plat application is submitted prior to the expiration date in accordance with Section 470.130.

The City Council shall consider the following factors in its deliberation to dertermine if an extension should be granted.

(1)

Whether there have been any changes in the City Code since the preliminary plat was initially approved that could potentially impact the development of the property.

(2)

Whether development has occurred on property adjacent to or near the property.

(3)

Whether the basis for the extension is reasonable and justified.

(4)

The likelihood that the property will be developed within the timeframe requested for the extension.

(5)

Length of time requested.

§ 470.120 Construction Plans.

Submittal. The subdivider or developer must have plans and engineering drawings, complete with other engineering information, as specified in Section 470.120B, prepared for required improvements by a registered engineer. Following the approval of the preliminary plat, the applicant shall submit two (2) copies of the complete plans, drawings, and other engineering information to the Director of Public Works with an application for final plat approval.

Content of Engineering Drawings. Engineering plans, drawings, and other engineering information must contain the following information and must conform to the following requirements:

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.

§ 470.130 Final Plat.

Applications.

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.

Review of Plans. The Director of Public Works shall review all engineering drawings in order to determine whether such drawings are consistent with the approved preliminary plat and comply with the design standards. If such drawings are consistent and so comply, the Director of Public Works shall forward to the Planning and Zoning Commission a notice that they so conform and comply. In the event that the drawings do not so conform and comply, the Director of Public Works shall notify the subdivider of the specific manner in which such drawings do not so comply, and the subdivider may then correct such drawings. If such drawings are not corrected, the Director of Public Works shall forward to the Planning and Zoning Commission a notice as to the items of non-conformity or non-compliance. The Planning and Zoning Commission shall not consider a final plat until the Director of Public Works has approved the plans and engineering drawings.

Procedure.

[Amendment 16 – Ordinance 2013-056, 8-26-2013]

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.

Within thirty (30) days after consideration of the final plat, the Planning and Zoning Commission will submit a recommendation to the City Council to approve, approve with conditions or disapprove the final plat. If the Planning and Zoning Commission recommends disapproval of the final plat, it must advise the subdivider in writing of the reasons for such recommendation within ten (10) days after such action. If the Planning and Zoning Commission fails to act on the final plat within sixty (60) days after it has been considered for final approval, it will be deemed to have been recommended for approval.

City Council Action.

Following review and recommendation by the Planning and Zoning Commission, the final plat will be transmitted to the City Council for final action. The City Council will either approve or disapprove the final plat and accept or reject the dedication of land for public purposes within thirty (30) days after the first meeting of the City Council following submittal of the plat to the City Clerk.

The action of the Planning and Zoning Commission and the City Council will be conveyed to the subdivider in writing within ten (10) days of the meeting of the City Council at which the plat was considered. If the final plat is disapproved, the subdivider will be notified of the reasons for such disapproval. Acceptance of dedications will be indicated over the signature of the Mayor and attested by the City Clerk. If the City Council rejects any dedications on the final plat, it will advise the subdivider in writing of the reasons for the rejection.

Findings of Fact. The Planning and Zoning Commission will recommend approval, and the City Council will approve a final plat if it finds that the final plat:

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.

Phased Submittal of Final Plat. An approved preliminary plat may be submitted for final plat approval in separate geographic units rather than as a whole, provided the following conditions are met:

[Amendment 19 – Ordinance 2014-063, 9-8-2014]

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.

Recording of the Final Plat.

[Amendment 33 - Ordinance 2020-068, 11-23-2020]

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.

§ 470.140 Lot Splits.

Applicability. A lot may be divided as a lot split provided the following conditions are met:

[Amendment 2 – Ordinance 29073, 7-27-2009]

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:

For a two-family dwelling in an “R-2” district, a lot split may only occur where the common wall between the two (2) units exist. The lot split must, as closely as possible, divide the property into equal halves.

For an attached single-family dwelling in an “R-3” or “R-3A” district, a lot split may only occur where the common wall between the units exist. The lot split will only be permitted within a building area identified on a recorded final plat. The lot split process permits the units to be surveyed and individually sold.

Two-family residential and attached single family lot splits are only permitted on lots contained within an approved final plat.

Application. An application for a lot split shall be obtained from the Development Services Director. The application must be completed in its entirety in accordance with Section 470.010C.

Development Services Director Action.

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.

§ 470.150 Condominium Plat Review.

A condominium plat in compliance with RSMo. Chapter 448, Condominium Property, shall be reviewed in accordance with the subdivision review and platting procedures of this chapter. The Planning and Zoning Commission is authorized to make waivers and modifications to otherwise applicable standards for a plat that fully complies with RSMo. Chapter 448.

§ 470.160 Site Plan Review.

Purpose. The City of Raymore recognizes that the nature of land development creates the potential for traffic congestion, overcrowding, adverse visual and environmental impacts, and health problems. The City strives to promote growth in Raymore while stabilizing the established residential character of the area. Site plan review regulates the development of structures and sites in a manner that takes into consideration the following considerations:

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.

Applicability.

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.

Application. Applications for site plan review 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. The applicant must submit copies in accordance with the submission schedule regularly adopted by the Planning and Zoning Commission.

Procedure.

Development Services Director Action.

All site plans will be reviewed by the Development Services Director.

The Development Services Director has the authority to take final action (approve, conditionally approve or deny) on applications for:

(1)

Developments that have an approved site plan on file where the application proposes to expand the existing use by less than ten percent (10%) or five thousand (5,000) square feet, whichever is less; or

(2)

Developments that have an approved site plan on file where the application proposes to modify signage, parking, landscaping or other minor feature and the proposed modifications will be in compliance with all requirements of this Code.

The Development Services Director must complete the review within twenty (20) days of receiving a complete application.

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.

Findings of Fact.

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

The plan complies with all applicable standards of this code and all other applicable City ordinances and policies;

The plan does not conflict with the adopted plans of the City of Raymore or the purpose and intent of this code;

The proposed use is allowed in the district in which it is located;

Vehicular ingress and egress to and from the site, and circulation within the site provides for safe, efficient, and convenient movement not only within the site but also on adjacent roadways;

The plan provides for safe, efficient, and convenient movement of pedestrians on and to the site;

The arrangement of structures and buildings on the site allows for efficient use of the land, is compatible with development on adjacent property, and minimizes potential adverse impacts on existing or planned municipal infrastructure and services;

Open space and natural features on the site are arranged in such a way that unique natural resources are preserved and creates a desirable and functional environment for site users;

The plan avoids unnecessary or unreasonable alterations to existing topography, preserves existing healthy, mature trees and woodlands, and designs drainage facilities to promote the use and preservation of natural watercourses;

Provides adequate parking for the use, including logical and safe parking and circulation;

Provides landscaping and screening as required by this code that creates logical transitions to adjoining uses, screens incompatible uses, minimizes the visual impact of the development on adjacent roads and properties, and utilizes native plant materials selected to withstand the local climate and individual site microclimates; and

Includes site illumination that has been designed and located to minimize adverse impacts on adjacent properties.

Effect of Approval. If the Planning and Zoning Commission or, when applicable, the Development Services Director approves a site plan, it will be considered permission to prepare and submit a building permit application that complies with the approved site plan and conditions of approval.

Appeals.

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

The applicant must notify the Development Services Director of their intent to appeal within ten (10) days of the date of decision from the Development Services Director.

The Development Services Director will schedule the appeal for the next regularly scheduled Planning and Zoning Commission meeting which is no sooner than fifteen (15) days from the date the intent to appeal was filed.

The applicant must provide an additional fifteen (15) review copies of the drawings and the additional required fee along with the intent to appeal.

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

The applicant must notify the Development Services Director of their intent to appeal, in writing, within ten (10) days of the date of the Planning and Zoning Commission meeting when the application was considered.

The Development Services Director will schedule the appeal for the next regularly scheduled City Council meeting provided it is at least fifteen (15) days from the date the intent to appeal was filed.

The applicant will provide an additional fifteen (15) review copies of the drawings along with the intent to appeal.

§ 470.170 Vacation of Easements or Plats.

[Amendment 6 – Ordinance 2010-50, 6-14-2010; Amendment 36 – Ordinance 2023-076, 10-9-2023]

Applicability.

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.

Application. The application must be filed with the Development Services Director. The application will be accompanied by a legal description and survey or other drawing acceptable to the Development Services Director depicting the plat proposed to be vacated and the properties and property owners surrounding the plat.

Procedure.

Vacation Of Plats Or Partial Plats.

City Council Public Hearing.

(1)

All requested vacations must be submitted to the City Council for review and final action. The City Council will hold a public hearing on the application in accordance with Section 470.010E, with the exception that only published and mailed notices are required. The notice will state that an application for vacation has been filed, describing the property fully, and that a hearing thereon before the City Council will be held on a date certain after the completion of such publication notice, naming the day on which the hearing will be held, and that at such time and place all persons interested can appear and be heard concerning the application.

(2)

The City Council or Development Services Director may determine that it would be advisable to obtain the recommendation of the Planning and Zoning Commission concerning a vacation application prior to the public hearing before the City Council. In that event, the Planning and Zoning Commission will hold its own public hearing on the application following publication notice and notice to surrounding property owners in accordance with the provisions for public hearings. At the conclusion of any such hearing, the Planning and Zoning Commission will submit its recommendation on the application to the City Council.

City Council Action. The City Council will approve or disapprove the application for the vacation.

Review Criteria. The City Council may approve the application if it determines from the evidence that:

(1)

Due and legal notice has been given by publication as required herein;

(2)

No private rights will be injured or endangered by the vacation;

(3)

The proposed vacation is not contrary to the Growth Management Plan or any other transportation plans for the City; and

(4)

The public will suffer no loss or inconvenience thereby and that in justice to the applicant or applicants the application should be granted.

Vacation Of Utility Easements.

City Council Review.

(1)

All requested easement vacations must be submitted to the City Council for review and final action. Written notice shall be provided to all utility providers potentially having facilities within the easement(s).

City Council Action. The City Council will approve or disapprove the application for easement vacation by Resolution of the Council.

Review Criteria. The City Council may approve the application if it determines from the evidence that:

(1)

No objections have been received relating to the vacation of the easement.

(2)

The appropriate City agency or public utility (water, sewer, gas, electric, communications, etc.) has filed with the Development Services Department a statement that the easement is no longer needed to provide utility service.

(3)

The retention of the easement no longer serves any useful public purpose.

(4)

No vacation shall occur unless the criteria above has been fully satisfied.

Upon the City Council determination that the conditions set forth in Subsection (c) of this Section have been satisfied, the City Council may adopt a resolution authorizing the Mayor of the City to vacate all or portions thereof of the utility easement, which shall be filed with the Cass County Recorder of Deeds, with reference given to the book and page number of the affected platted properties.

§ 470.180 Building Permits.

Applicability. In accordance with Chapter 500 of the City Code, it will be unlawful to commence or to proceed with the erection, construction, reconstruction, structural conversion, structural alteration, enlargement, extension, razing or moving of any building or structure or any portion thereof until a building permit has been granted therefore. This Section sets forth the required review and approval procedures for building permits.

Application. An application for a building permit may be obtained from the Building Inspections Division of the Development Services Department. The application must be completed in its entirety in accordance with Section 500.080 of the City Building Regulations.

Procedure. The procedure for review and issuance of building permits is set forth in Chapter 500, Article II General Provisions of the City Code.

§ 470.190 Sign Permits.

Applicability. No sign may be erected, moved or structurally altered without a permit approved by the Development Services Director.

Application. An application for a sign permit may be obtained from the Development Services Director. The application must be completed in its entirety in accordance with Section 470.010C. All sign permit applications must provide information regarding the location, materials, size, color and illumination. Master sign plan applications will be required as part of a site plan.

Procedure. A sign permit will be either issued or refused by the Development Services Director within ten (10) days after the receipt of an application or within an extended time period as may be agreed to by the applicant. When the Development Services Director refuses to issue a sign permit, he/she must advise the applicant in writing of the reasons for the refusal.

Inspections. As soon as a sign has been erected, the permittee must notify the Development Services Director or their designate who will inspect the sign and approve it if it complies with the provisions of this Code. The Development Services Director may from time to time inspect all signs or other structures regulated by this chapter for the purpose of ascertaining compliance with this code. If the sign does not comply with the provision of this chapter, the Development Services Director or their designate must notify the applicant in writing of such non-compliance and give the applicant ten (10) days, or less if the Development Services Director or their designate determines a hazardous situation exists, to comply.

Permit Revocable At Any Time. All rights and privileges acquired under the provisions of this code, or any amendments thereto, are mere licenses revocable at any time by the City Council. Installation must be completed within six (6) months after date of issuance of the sign permit or the permit becomes null and void.

§ 470.200 Interpretations.

Authority. The Development Services Director will have the authority to make written interpretations of this Code.

Request for Interpretation. Requests for written interpretations of this Code must be submitted to the Development Services Director.

Procedure. Within ten (10) working days of receipt of a written request for interpretation, the Development Services Director will:

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.

Notice of Decision. Written notice of the decision will be provided to the applicant within five (5) days of the decision and a copy will be filed in the official record of interpretations.

Official Record of Interpretations. An official record of interpretations will be kept on file by the Development Services Director. The record of interpretations will be available for public inspection during normal business hours.

Appeals. Appeals of the Development Services Director’s written interpretation may be taken to the Board of Adjustment in accordance with procedures Section 470.080. If the appeal results in a change of interpretation, the new interpretation will be filed in the official record of interpretations.

§ 470.210 Administrative Adjustments.

Purpose. This section sets out the required review and approval procedures for administrative adjustments, which are minor deviations from otherwise applicable standards that may be approved by the Development Services Director.

Applicability. The Development Services Director is authorized to approve the following types of administrative adjustments:

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.

Application. An application for an administrative adjustment may be obtained from the Development Services Director. The application must be completed in its entirety in accordance with Section 470.010C.

Development Services Director Action. The Development Services Director will review each application for an administrative adjustment and act within ten (10) days of the date of application to approve, approve with conditions or disapprove the application.

Review Criteria. Administrative adjustments may be approved by the Development Services Director only upon a finding that all of the following criteria have been met:

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.

Conditions of Approval. In granting an administrative adjustment, the Development Services Director may impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the neighborhood and to carry out the stated purposes of the Growth Management Plan and this Code.

Notice of Decision. Within five (5) days of the Development Services Director’s decision on an administrative adjustment, he/she will mail notice of the decision to the applicant and all other parties who have made a written request for notification.

Appeals. Appeals of the Development Services Director’s decision on an administrative adjustment may be taken to the Board of Adjustment. The appeal will be considered an application for an appeal of Administrative decision processed in the manner prescribed in Section 470.060.

§ 470.220 Natural Resource Protection Variances.

Variances from the buffer and stream setback requirements may be granted by the Board of Appeals in accordance with the following provisions:

Permitted Variances.

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.

Application Contents. At a minimum, a variance request shall include the following information:

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.

Review and Approval Criteria. The following factors shall be considered in determining whether to issue a variance:

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.

§ 470.230 Floodplain Management Variances.

Establishment of Board of Appeals. The Board of Appeals shall hear and decide appeals and requests for variances from the floodplain management requirements of this code.

Responsibility of Board of Appeals.

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.

Further Appeals. Any person aggrieved by the decision of the Board of Appeals or any taxpayer may appeal such decision to the Circuit Court of Cass County as provided in Section 89.110, RSMo.

Floodplain Management Variance Criteria. In passing upon such applications for variances, the Board of Appeals shall consider all technical data and evaluations, all relevant factors, standards specified in Chapter 460 and the following criteria:

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;

10.

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

11.

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.

Conditions for Approving Floodplain Management Variances.

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 showing of good and sufficient cause,

A determination that failure to grant the variance would result in exceptional hardship to the applicant, and

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

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

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

Such construction below the base flood level increases risks of life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter.

Conditions for Approving Variances for Agricultural Structures.

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:

All agricultural structures considered for a variance from the floodplain management regulations of Chapter 460 shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farmhouses, cannot be considered agricultural structures.

Use of the varied structures must be limited to agricultural purposes in Zone A only as identified on the community's Flood Insurance Rate Map (FIRM).

For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Section 460.070D2.

The agricultural structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structures in accordance with Section 460.070D1. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.

Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 460.070D4.

The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one-hundred-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 460.080A3.

The agricultural structures must comply with the floodplain management floodway encroachment provisions of Section 460.100B. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the one-hundred-year flood.

Major equipment, machinery or other contents must be protected from any flood damage.

No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structures.

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

(1)

The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

(2)

Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter.

Wet-floodproofing construction techniques must be reviewed and approved by the community and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

Conditions for Approving Variances for Accessory Structures.

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.

Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only as identified on the community's Flood Insurance Rate Map (FIRM).

For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Section 460.070D2.

The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section 460.070D1. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.

The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one-hundred-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 460.080A3.

The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 460.100B. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the one-hundred-year flood.

Equipment, machinery or other contents must be protected from any flood damage.

No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.

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

(1)

(2)

Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter.

Wet-floodproofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

§ 470.240 Inflatable Sign Permits.

[Amendment 17 – Ordinance 2014-005, 2-10-2014]

Applications. An application for an inflatable sign permit may be obtained from the Development Services Director.

Procedure.

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:

Proximity to other inflatable signs;

Size and height of inflatable sign;

Proposed location upon the property;

Length of time requested to display the inflatable sign;

Compliance with City requirements on any previous inflatable sign permit or temporary sign permit issued; and

Any other reasonable factor or condition related to the public health, safety and general welfare.

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

§ 470.250 Replat.

[Amendment 24 – Ordinance 2017-004, 2-13-2017]

Applicability.

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.

Application.

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.

Procedure.

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.