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Legislation #: 080766 Introduction Date: 7/24/2008
Type: Ordinance Effective Date: 8/24/2008
Sponsor: None
Title: Amending Chapters 2, 18, 27, 39, 52, 63, 64, 66, 72, 75 and 80, Code of Ordinances, by revising fees and establishing new fees.

Legislation History
DateMinutesDescription
7/24/2008 Filed by the Clerk's office
7/24/2008 Referred to Finance and Audit Committee
7/30/2008 Hold On Agenda (8/13/2008)
8/13/2008 Advance and Do Pass, Debate
8/14/2008 Councilmember Hermann Move to Amend
8/14/2008 Passed as Amended

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ORDINANCE NO. 080766, AS AMENDED

 

Amending Chapters 2, 18, 27, 39, 52, 63, 64, 66, 72, 75 and 80, Code of Ordinances, by revising fees and establishing new fees.

 

WHEREAS, the costs of providing City Planning & Development services, including building code permits, inspection programs, Land Development, Planning Services and Contractor Licensing & Registration to persons engaged in development and construction has continued to increase; and

 

WHEREAS, the current fees assessed by the City are not sufficient to recover all of the costs of these programs; and

 

WHEREAS, the proposed fees will capture a larger percentage of the Citys costs for these programs; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Sections 2-920, 18-20, 18-400, 27-11, 39.6(f), 52-94, 63-34, 64-4, 64-78, 64-161, 66-10, 72-2, 75-9, 75-12 and 80-480 Code of Ordinances of the City of Kansas City, Missouri, are repealed and new sections of like number and subject matter are hereby enacted to revise current fees and to establish new fees, to read as follows:

 

Sec. 2-920.  Fees.

 

(a)   Certain fees are hereby established for filing of applications for designation of an historic landmark or an historic district, for issuance of a certificate of appropriateness, and for additional enumerated services:

 

(1)    Designation process:

 

a.    Historic landmark . . . $  200.00

 

But, if the building has been previously listed in the National Register . . . 50.00

 

b.                  Historic district:

 

Base nomination fee . . 300.00

 

Plus, per building survey form. . . 100.00

 

Not to exceed a total of . . . 2,000.00

 

District previously listed in the National Register of

Historic Places

 

Base nomination fee. . . 50.00

 

Plus, per building survey form . . . 20.00

 

Not to exceed . . . 400.00

 

c.                   Amending historic district:

 

Base nomination fee . . . 100.00

 

Plus, per building form . . . 100.00

 

Not to exceed a total of . . . 2,000.00

 

District previously listed in the National Register of Historic

Places:

 

Base nomination fee . . . 50.00

 

Plus, per building survey form . . . 20.00

 

Not to exceed . . . 400.00

 

d.    Research: $34.00/hour; however, a research fee shall be deducted from the application fee if an application is filed.

 

(2)    Certificate of appropriateness

 

Expedited or administratively approved applications . . . 25.00

 

All exterior changes, alterations, new construction or demolitions

to designated properties, except the scopes of work noted below . . . 40.00

 

Construction of new primary building (single- or multi-family, or

commercial infill). . . 200.00

 

Construction of new additions or secondary buildings. . . 100.00

 

Demolition of contributing historic buildings or structures. . . 500.00

 

Fees for any certificate of appropriateness in which the scope of work has been started or completed before the application is submitted shall be doubled.

 

(3)    Tax certification: Assistance in seeking U.S. Department of the Interior, Office of Archeology and Historic Preservation, certification for tax benefits under the Internal Revenue Code, per building . . . 200.00

 

(4)    National Register form:

 

a.    Historic landmark . . . 500.00

 

But, if an application for local designation has been previously made . . . 400.00

 

b.    Historic district . . . 750.00

 

Plus, per building . . . 150.00

 

Not to exceed a total of . . . 3,000.00

 

But, less the fee provided for in subsection (1)b of this section, if an application for local designation has been previously made.

 

c.    Amending historic district, per building . . . 150.00

 

Not to exceed . . . 1,500.00

 

But, less the fee provided for in subsection (1)c of this section, if an application for local designation has been previously made.

 

(b) The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/ Kansas published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

(c)   The commission may waive all or part of any fee upon a showing of hardship.

 

Sec. 18-20. Fees.

 

(a) Generally. Fees relating to work regulated by this chapter shall be assessed in accordance with the provisions of this section. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

 

(b) Permit fees.

 

(1) Valuation of construction. The determination of the value or valuation under any of the provisions of these codes shall be made by the building official. The value to be used in computing the permit and plan review fees shall be the total value of all construction work for which the permit is issued. Separate values or valuations shall be computed and separate permits shall be obtained and separate plan review fees shall be paid for each building or structure included in an application for permits. Fees may be waived at the discretion of the building official during times of declared emergency.

 

(2) One- and two-family detached dwelling building, mechanical, plumbing, electrical, elevator and fire protection permit fees. One- and two-family detached dwelling building, mechanical, plumbing, electrical, elevator and fire protection permit fees are as follows:

 

Total Valuation Fee

 

$0.00‑‑$1,000.00.................................................................................$48.00

 

$1,001.00‑‑$2,000.00........................................................................... 54.00

 

$2,001.00‑‑$100,000.00:

 

For the first $2,000.00.............................................................. 54.00

 

Plus, for each additional $1,000.00 or fraction thereof,

to and including $100,000.00 .................................................... 4.00

 

$100,001.00 and over:

 

For the first $100,000.00........................................................ 446.00

 

Plus, for each additional $1,000.00 or fraction thereof.............. 1.30

 

(3) Building, mechanical, plumbing, electrical, elevator and fire protection permit fees for other than one- and two-family detached dwellings. Building, mechanical, plumbing, electrical, elevator and fire protection permit fees for other than one- and two-family detached dwellings are as follows:

 

Total Valuation Fee

 

$0.00‑‑$500.00.................................................................................. $ 48.00

 

$501.00‑‑$2,000.00.............................................................................. 86.00

 


$2,001.00‑‑$200,000.00:

 

For the first $2,000.00.............................................................. 86.00

 

Plus, for each additional $1,000.00 or fraction thereof,

to and including $200,000.00 .................................................. 12.50

 

$200,001.00‑‑$1,000,000.00:

 

For the first $200,000.......................................................... 2,561.00

 

Plus, for each additional $1,000.00 or fraction thereof,

to and including $1,000,000.00................................................. 8.30

 

$1,000,001.00 and over:

 

For the first $1,000,000.00 ................................................. 9,201.00

 

Plus, for each additional $1,000.00 or fraction thereof.............. 3.60

 

(4) Demolition permit fees. Demolition permit fees are as follows:

 

a.                   One- and two-family dwellings and detached accessory

buildings per building ...........................................................$ 80.00

 

b. All other structures................................................................. 197.00

 

c.   Pre-demolition inspection fee. A pre-demolition inspection fee shall be paid to the building official prior to a pre-demolition inspection being performed. The pre-demolition inspection fee shall not apply towards the demolition permit fee and shall be assessed as follows:

 

One and two family detached dwellings per building: 34.00

 

All other buildings per building: .... 95.00

 

(5) Sign permit fees. Sign permit fees are as follows:

 

Type of Sign Fee

 

a. Combination and freestanding signs:

 

1. Up to and including 20 square feet......................... $ 126.00

 

2. And for each additional 20 square feet

or fraction thereof....................................................... 21.00

  b. Flat wall signs:

 

1. Up to and including 300 square feet.......................... 125.00

 

2. And for each additional 300 square feet

or fraction thereof....................................................... 21.00

 

c. Marquees: Each marquee...................................................... 416.00

 

d. Roof signs:

 

1. For surface area not to exceed 300 square feet.......... 416.00

 

2. And for each additional 300 square feet

or fraction thereof......................................................105.00

 

e. Temporary signs (displayed not longer than 60 days):

 

Each sign................................................................................. 48.00

 

f.                    Outdoor Advertising Signs:

 

Fees shall be calculated as required for freestanding signs. Each face of such signs shall be calculated separately for permit fee calculations.

 

Outdoor advertising sign pre-permit inspection fee. An outdoor advertising sign pre-permit inspection fee shall be paid to the building official prior to an outdoor advertising sign pre-permit inspection being performed. The outdoor advertising sign pre-permit inspection fee shall not apply as part of the sign permit fee.

 

Each sign............................................................................... 300.00

 

(6) Supplementary permit fees. The fee for a supplementary permit to cover any additional value not included in the original permit shall be the difference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire value. The minimum supplemental permit fee assessed shall be $48.00.

 

(7) Partial permit fees. When a permit for the construction of part of a building, structure, or building service equipment is requested by the applicant, fees shall be determined in accordance with section 18-20(b)(2) and (3), based on the valuation of work to be performed, as separate permit fees and not as supplementary fees. The minimum fee for a partial permit shall be $74.00.

 

(8)   Fast Track Permit Fees. The fee for a fast track permit issued prior to approval of plans review shall be $71.00. The Fast Track Permit Fee shall be in addition to all other fees due.

 

(9)   Building moving permit fee. The fee for a building moving permit shall be $197.00.

 

(10)  Building moving pre-permit inspection fee. A building moving pre-permit inspection fee shall be paid to the building official prior to a building moving pre-permit inspection being performed. The building moving pre-permit inspection fee shall be in addition to all other fees due.

 

Each building 95.00

 

(c) Construction document review fees.

 

(1) Initial construction document review fee. For other than one- and two-family dwellings, when a construction document is required to be submitted, a construction document review fee shall be paid to the building official at the time of submitting the construction documents for review. Such construction document review fee shall be one-half of the permit fee and shall be a credit toward the total fee when the permit is issued.

 

(2) Resubmittal construction document review fees. When previously identified deficiencies remain uncorrected on subsequent submittals or when items certified on the Checklist for Building Permit Construction Document Submittal as being provided are omitted, a resubmittal construction document review fee shall be assessed at the time of resubmittal of the discipline. This fee shall be one eighth of the total permit fee for resubmittal deficiencies. The fee for certified checklist omissions shall be $67.00. Such resubmittal construction document review fee shall not apply as a credit toward the total permit fee. Maximum resubmittal fee shall be as follows:

 

a. One- and two-family dwelling construction document........ $ 27.00

 

b.                  Other than one- and two-family dwelling construction

document. . ............................................................................ 263.00

 

(3) Changes to previously reviewed plans. Review of such changes shall be assessed a fee as follows:

 

a. Minor reviews ...................................................................... $48.00

 

b. Major reviews . . . . 1/2 of initial construction document review fee paid.


The director or designee shall have the authority to determine the extent of the changes requested and the fee which shall apply. This fee shall be in addition to any other fees required.

 

(4) Scheduled express review fees. When scheduled express review is requested by the applicant, a fee of $27.00 for one- and two-family dwellings and a fee of $67.00 for all other structures shall be assessed. Such fees shall be in addition to required permit fees. Eligibility for scheduled express review service shall be determined by the building official based on the complexity of the review and availability of staff to perform the review.

 

(5) Priority Project review fee. When priority status is requested by the applicant, a fee of 2 times the permit fee shall be assessed. Eligibility for priority status shall be determined by the building official based on the complexity of the project and availability of staff to perform the review.

 

(6) Master Plan Review without permit application. When a Master Plan is submitted for review without a corresponding permit application, a fee of one-half the normal permit fee shall be assessed. This fee shall not be applicable to future permit applications.

 

(7) Optional preliminary code review design meetings. When requested by the applicant, preliminary code review meetings may be conducted and a fee shall be assessed for other than one- and two-family detached dwellings as follows:

 

a. One- and two-family dwellings .............................................. no fee

 

b. Proposed design less than 20,000 square feet....................... $ 67.00

 

c. Proposed design 20,000 square feet

to 40,000 square feet.............................................................. 131.00

 

d. Proposed design more than 40,000 square feet...................... 198.00

 

(8)  Re-review and stamping of lost construction documents to replace applicant's reviewed field set of construction documents. Such review and stamping shall be assessed a fee of 25% of the initial construction document review fee paid with a minimum fee of $48.00. The maximum fee paid shall be $500.00. Such fees shall be in addition to other required permit fees.

 

(9) Stamping of additional sets of construction documents. One set of reviewed construction documents shall be provided to the applicant upon permit issuance. Stamping of additional sets of construction documents at the applicant's request shall be assessed a fee of $21.00 per set.

 

(10) Nighttime building permits. The application fee for a nighttime building permit shall be $61.00. Such fees shall be in addition to other required permit fees.

 

(11) Occupant load certificate fee. When requested by the applicant, the occupant load of a building or portion of a building will be calculated and a fee shall be assessed of $127.00.

 

(12) Replacement of occupant load certificate or certificate of occupancy. When requested by the applicant, a replacement copy of a previously issued occupant load certificate or certificate of occupancy, if located, will be generated. A fee shall be assessed of $32.00 per request.

 

(13) Floodplain certificate fee. The application fee for a floodplain certificate shall be assessed as follows:

 

a. One- and two-family dwelling floodplain certificate............. $48.00

 

b.                  Other than one- and two-family dwelling floodplain

certificates ............................................................................. $99.00

 

(14)           Code compliance verification letter fee. When requested by the applicant, information related to the status of property with regard to building code and land use regulations will be retrieved and transmitted to the applicant and a fee shall be assessed of $127.00.

 

(15)           Address change processing fee. When requested by the property owner, address changes in compliance with addressing standards shall be processed and a fee shall be assessed as follows:

 

a. One and two family detached dwellings per building: ........... 32.00

 

b. All other buildings per building: ........................................... 127.00

 

(d) Expiration of permit. The fee to renew an expired permit shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that any suspension or abandonment of the work has not exceeded one year.

 

(e) Commencement of work without permit.

 

(1) Wherever any work for which a permit is required by this article has been commenced without first obtaining a permit, a special investigation may be made before a permit is issued for such work.

 

(2) Where work for which any permit is required by this article is started prior to obtaining the permit, the fee specified for such permit shall be tripled. This provision shall not be construed as permission to begin work without the required permit except as follows:

 

a. In case of an emergency as set forth in section 18-16(a)(1)b.; or

 

b. In case the work is being done at a one-family dwelling by the person who owns and occupies such dwelling and the permit is applied for before the end of the workday following notification.

 

(f) Fee refunds. Where no portion of the plan review for an application has been commenced, or where no portion of the work covered by a permit issued by the building official has been commenced, the applicant may request in writing that the application or permit be canceled and the plan review or permit fee be refunded. The applicant shall then be entitled to a refund of 90 percent of the applicable fee actually paid, except that a full refund will be made when the fee was paid or collected in error. Refunds will not be made for fees representing work having been done prior to the time the fee refund request is made. Under any circumstance, fee refund requests must be made within 180 days after the date of payment if no permit is obtained, or 30 days after the permit is canceled or expired.

 

(g) Fee for certificate of occupancy.

 

(1) Fee for certificate of occupancy not related to work under a building permit. Where a certificate of occupancy is required other than in connection with work under a building permit, the person applying for the certificate shall, at the time of filing application therefore, pay to the building official a fee as required for a team inspection in section 18-20 (h). If it is determined that work requiring a permit is necessary for issuance of the certificate, this fee shall be applied toward the permit fee.

 

(2) Temporary certificate of occupancy fees. When a temporary certificate of occupancy is requested by the applicant in connection with work under a building permit and conditions warrant issuance of a temporary certificate of occupancy pursuant to section 18-23(d) of this chapter, a fee shall be assessed according to the following schedule:

 

a. Residential one- and two-family dwellings, townhouses and associated accessory structures:

 

1st temporary certificate......................................................... $ 0.00

 

2nd and subsequent certificates............................................. 198.00

2nd and subsequent certificates when certificate is over 5 working

days expired.......................................................................... 396.00

 

b. All other structures:

 

1st temporary certificate............................................................ 0.00

 

2nd and subsequent certificates............................................. 396.00

 

2nd and subsequent certificates when certificate is over 5 working

days expired.......................................................................... 792.00

 

The Building Official is authorized to develop written procedures by which the renewal fee may be waived due to special circumstances.

 

(h) Inspection fees.

 

(1) Certificate of inspection for underground spaces. Inspection and certification of underground space pursuant to section 18-21(g)(2) of this chapter shall be performed by the building official upon payment of a fee of $328.00 payable upon application for certificate of inspection.

 

(2) Certificate of inspection for elevators. The fee for the administration of and or inspections and testing of elevator equipment pursuant to section 18-21(g)(1) of this chapter shall be of $120.00 for the first three floors, or 30 feet of travel, plus $9.00 for each additional three floors, or 30 feet of travel or fraction thereof. The elevator equipment owner or maintainer shall remit these fees within 60 days of billing. The elevator equipment inspection and tests shall not be scheduled or performed until these fees have been received. Failure to remit these fees within the 60 days will result in a $15.00 additional administrative fee associated with the cost of the re-billing process for each piece of elevator equipment being billed. All called-for inspections or tests to be performed by Department of City Planning and Development inspectors shall be subject to a minimum fee of $32.00 per each piece of elevator equipment scheduled for inspection and test, if the inspection test is not made or is not completed and the Department of City Planning and Development inspector has appeared at the inspection test site, ready to inspect or observe the test, or the scheduled inspection and test is either canceled or rescheduled less than three working days prior to the scheduled date. Payment of fees associated with the failure to perform an inspection and test scheduled with Department of City planning and development inspectors is the responsibility of the registered elevator contractor who scheduled the elevator equipment inspection and test. All fees outlined above are due and payable to the Department of City planning and development even when the inspection and testing is performed by a qualified person authorized by the enforcing authority.

 

(3) Fee for follow-up inspection per state requirements. The fee for a follow-up inspection of elevator equipment by city personnel pursuant to the Elevator Safety Act and Rules of the State of Missouri shall be $65.00. The fee shall be waived if the inspection is performed at the same time as a follow-up inspection pursuant to section 18-21(g)(1) of this code. The fee, when required, shall be paid before the follow-up inspection is performed.

 

(4) Certificate of inspection for communication towers. Inspection and certification of communication towers pursuant to section 18-21(g)(3) of this chapter shall be completed by the building official upon payment of a fee of $131.00 payable upon application for certificate of inspection.

 

(5) Certificate of inspection for multilevel parking station structures. Inspection and certification of multilevel parking station structures pursuant to section 52-31 of chapter 52, parking stations, shall be completed by the building official upon payment of a fee of $263.00 payable upon application for certification of inspection.

 

(6) Reinspection fees. When work for which an inspection is requested is not complete (not ready when inspector arrives) or when deficiencies identified on two previous inspection events have not been completed a fee of $67.00 shall be assessed and no further inspections shall be completed until such fee is paid.

 

(7) Inspections outside of normal business hour fees. When the permit holder requests inspections outside of normal business hours, a fee of $53.00 per hour, to include travel time, with a minimum fee of $212.00 shall be assessed for such service. Eligibility for inspections outside of normal business hours shall be determined by the building official based upon the nature of inspections requested and the availability of staff to perform the inspections.

 

(8) Team inspection fee. When requested by the applicant, the building official may conduct a team inspection of a site/building for the purpose of providing the applicant a written assessment of code issues which may assist the applicant in planning a project or in problem solving. Eligibility for team inspections shall be determined by the building official based upon the nature of inspections requested and the availability of staff to perform the inspections. A fee, payable prior to the inspection being performed, shall be assessed as follows:

 

a. Buildings/projects less than 20,000 square feet................... $266.00

 

b. Buildings/projects 20,000 square feet to 40,000 square

feet.......................................................................................... 353.00

 

c. Buildings/projects more than 40,000 square feet................... 441.00

 

(9) Electrical service reconnect fee: When a request is made by a property owner for an inspection of an existing electrical service for the purpose of approving the electric utility connection, a fee of $48.00 shall be assessed. If it is found that work requiring an electrical permit is required, this fee may be credited toward the permit fee.

Exception: Reconnection of a service due to a fire occurring within the 90 days prior to the request.

 

(i) Code modification request fees. Code modification requests (CMR) submitted pursuant to section 18-6 of this chapter shall be assessed the following fees:

 

(1) One- and two-family dwellings per dwelling unit............................ $ 47.00

 

(2) All other structures per building or tenant space,

whichever is greater............................................................................. 99.00

 

(3) When multiple units of one and two-family dwellings are submitted for the same project in the same request, or when multiple buildings or tenant spaces for all other structures are submitted for the same project in the same request, the maximum fee will be... ........................................ 526.00

 

(4) Requirements contained in article XII, contractors, division 3,

licensing............................................................................................... 47.00

 

(j) Building and fire codes board of appeals fees.

 

(1) One- and two-family dwellings per dwelling unit............................ $ 47.00

 

(2) All other structures per building or tenant space,

whichever is greater............................................................................. 99.00

 

(3) When multiple units for one- and two-family dwellings are submitted for the same the same project, in the same request, or when multiple buildings or tenant spaces for all other structures are submitted for the same project in the same request, the maximum fee will be................................ 526.00

 

(4) Requirements contained in article XII, contractors, division 3,

licensing............................................................................................... 47.00

 

(5) Continuance requested by appellant.......... one half of original filing fee

 

(6) No filing fee will be charged for appeals of decisions on code modification requests.

 

(7) Special exception to issuance of floodplain certificate...................... $99.00

 

(k) Contractor license application fee........................................................... $53.00

 

(l) Contractor license fees. The quadrennial fees for contractor licenses shall

be.................................................................................................... $161.00

 

See Sec. 18-327 for list of applicable license classes.

 

Contractor license fees shall not be refundable.

 

(m) Certificate of qualification application fee............................................. $53.00

 

(n) Certificate of qualification renewal fee. The quadrennial renewal fee for all certificates of qualification shall be $161.00, except that the certificate fee shall be waived for employees of the city who work for the city as tradesmen or inspectors. Certificates of qualification shall be issued at no charge for the first four years and shall be renewed quadrennial thereafter at the rate established by this chapter.

 

(o)               Encroachment fees.

 

(1) Encroachment permit application fee. Applications submitted pursuant to section 18-40 (Chapter 32 of the International Building Code, as amended) of this chapter for approval of private use of public property shall be assessed an application fee of $131.00. This fee is not intended to represent any rental or other payments that may also be required by the city.

 

(2)   Encroachment license fee. Encroachment into the right-of-way will be subject to the imposition of an annual license fee of $56.00 plus $.56 per square foot of encroachment. Aerial (over seven feet above grade) or underground encroachments shall be charged $56.00 plus $.28 per square foot. Encroachments granted to the State of Missouri and the United States will not require payment of an encroachment fee because it is in the public interest to permit such encroachments without additional costs to these public entities.

 

(p) Adjustment of fees. The city manager shall have the authority to adjust the fees listed above, except Sections 18-20(b)(2) and 18-20(b)(3), to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 18-400. Notice.

 

(a) Any person using explosives who conducts blasting in the City that is required to provide notice to an appropriate City representative and fire protection official pursuant to section 319.342, Revised Statutes of Missouri, shall provide such notice to the Director of the City Planning and Development Department, or the Directors designee, at City Hall and to the Fire Chief, or the Chiefs designee.

 

(b) Notice shall be given at least two business days in advance of blasting in writing or by telephone.

 

(c) The notice required by this section shall state the name, address, and telephone number of the person using explosives, the name of the individual responsible for supervision of blasting, the blasters license or registration number, if applicable, the policy number and claims contact information for their general liability insurance, the date and approximate period over which blasting will be conducted, the location of blasting by street address, route, or other description, and the nature of the project or reason for blasting.

 

(d) If blasting will be conducted at an ongoing project, such as a long term construction project, or at a permanent site, such as a surface mine, the person using explosives shall only be required to make one notice to the Director of the City Planning and Development Department and to the Fire Chief in advance of the first use of explosives.

 

(e) No notice is required to be given for ongoing projects or permanent sites in existence at the time of the effective date of this ordinance.

 

(f) A fee in the amount of $250.00 shall be assessed by City Planning & Development to cover processing and recording-keeping of the notice.

 

(g) The city manager shall have the authority to adjust the fees listed above, to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/ Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 27-11.  Special exceptions.

 

(a)   The board of zoning adjustment is hereby authorized to grant special exceptions to the requirements set forth in section 27-10.

 

(b)   Special exceptions may be granted by the board provided that it is demonstrated that:

 

(1)    There is good and sufficient cause to grant the exception commensurate with the degree and nature of the exception requested;

 

(2)    The grant of a special exception will not adversely affect the appearance of the neighborhood or adjacent properties; and

 

(3)    The wall or fence is compatible with the existing residence/building in terms of materials, color and design.

 

(c)   Upon consideration of the factors set forth in subsection (b) of this section, the board may attach such conditions to the granting of the special exception as it deems necessary.

 

(d)   The board of zoning adjustment is hereby authorized to establish rules and regulations for the method of requesting special exceptions, nature of hearing, and such other matters it deems appropriate.

 

(e)   The filing fee for requesting of a special exception shall be $168.00.

 

(f)   A simple majority of the board shall be required to approve any special exception.

 

(g)   The requirements of sections 80-330 and 80-335 as to public hearing and notice shall not apply to this section; provided, however, that all adjacent or contiguous property owners to the subject property shall be sent mailed notice thirteen days in advance of any hearing before the board requesting a special exception to section 27-10. The notice shall set forth the general purpose of the hearing and the time and place thereof. The names of property owners shall be determined as the owners of record according to the records of the city assessor. For all hearings before the board of zoning adjustment, the director of city development or his/her designee shall certify by affidavit that the mailing has occurred and such affidavit shall become part of the record as proof of such mailing.

 

(h)   Any person or persons jointly or severally aggrieved by any decision of the board or any office, department, board or bureau of the municipality may present to the circuit court of the county in which the property is situated a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented to the court within 30 days of the date of the decision of the board.

 

(i) The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 39-6. Accounting and expenditures.

 

(f) Every impact fee collected shall be deposited or credited to the trust account for the benefit district in which the fee was collected, except that annually, up to eight (8) percent of the fees collected for that year shall be transferred to the City's general fund for the purpose of paying the costs of administration of the arterial street impact fee program. The cost of consultant fees to update the arterial street impact fees shall be funded by a uniform percentage of the fees collected in each benefit district during the last year.

 

Sec. 52-94. License issuance; renewal.

 

(a) Application. Applications for issuance or renewal of a license to operate a surface parking lot shall be filed with the Director. Applications requiring a site plan and elevation drawing shall be transmitted by the Director to the Director of the Department of City Development for a determination of compliance with the landscaping and screening standards of this chapter. Such determination shall be made within 30 days of transmission of the application. The Director shall conduct a field inspection of the surface parking lot prior to issuance of a license to determine whether the surface parking lot complies with the provisions of this chapter and the approved landscaping and screening plans.

  (b) Issuance and Renewal. The director shall issue a license to an applicant upon finding that the surface parking lot complies with the provisions of this chapter. All licenses issued pursuant to this Article shall be issued for a period of three (3) years. Licenses may be renewed if an application for renewal containing the information listed in Section 52-92 is submitted to the Director not less than ninety (90) days before termination of the previous license. Applications for license renewal of a licensed surface parking lot shall be accompanied by the required site plan and elevation drawing only in the following two instances: 1) during or following the year in which landscaping and screening compliance is required under Section 52-100, and 2) if a change in the surface parking lot renders the previously submitted site plan or elevation drawing inaccurate.

 

(c) License Extension. If an application for a license renewal has been submitted in accordance with the provisions of this section, and if, prior to expiration of the license, the City has not taken all administrative action required for approval of the license renewal, the Director shall extend the previously-issued license on a month-by-month basis until the City has taken action as required by this Article.

 

(d) Applicability to Premises. Licenses issued pursuant to this Article shall apply only to the premises described in such application, and a separate application and license shall be required for each site operated. Such license shall not be assignable or transferable.

 

(e) License Fee. Each application for a new or renewal license shall be accompanied by a fee as follows:

 

(1)               For a surface parking lot that has the capacity

to hold not more than 50 motor vehicles: $168.00

 

(2)               For a surface parking lot that has the capacity

to hold 51 to 100 motor vehicles: $224.00

 

(3) For a surface parking lot that has the capacity

to hold more than 100 motor vehicles: $280.00

 

(f) Site Plan Review Fee. Each application for a new or renewal license which includes a new or revised site plan shall be accompanied by an additional fee of $280.00 for site plan review.

 

(g) Adjustment of fees. The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 63-34. Application, review process and issuance of permit upon payment of fees.

 

(a) Application and review process: Any person requesting a site disturbance permit must submit an application to the director. The applicable fees pursuant this section shall be paid at the time of filing for review, resubmittal, and permit issuance. After review of an application, the director shall notify the applicant of such further action and reviews as necessary. If an application is approved, the applicant may procure the required permit for the Work within 365 days. If the required permit for the Work has not been procured, then the approval of the application shall be null and void, provided that the director may waive re-application for Plan review or may extend the time for action by the applicant for a period not to exceed 180 days upon request by the applicant if the director determines that there exist circumstances beyond the control of the applicant preventing procurement of the permit for the Work. Not more than one extension shall be allowed. Thereafter, a new application and new fee shall be required. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the director.

 

An applicant shall submit a Plan to the director for QCR and certify that all of the necessary Erosion and Sediment Control Plan components are contained in the Plan as required by the site disturbance submittal checklist. If as certified, all of the Plan components have been submitted, but the submittal fails QCR for other omissions or deficiencies not set out in the checklist, no additional fee will be charged for subsequent QCR submissions by the applicant, if any, required by the director. If any QCR determines that Plan does not contain all of the components certified by the applicant, then the applicant shall pay the city an additional fee of $63.00 for each subsequent submittal for QCR made necessary by applicants failure to satisfactorily cure the deficiencies.

 

If the Plan passes QCR, then the Plan shall be submitted for technical review of the Plans and applicant shall pay the initial technical Plan review fee in an amount equal to $73.00 per acre of disturbed area. If after the initial technical review the director determines that there are technical deficiencies in the Plan, the director shall notify applicant of the deficiencies and offer RCR services, and applicant may resubmit the Plan for a second technical review without an additional review fee. Prior to a second technical review the applicant shall submit a revised Plan for QCR and certify that all of the necessary Plan components, additions, or changes previously noted by the director are contained in the Plan. If any QCR determines that Plan does not contain all of the revised components certified by the applicant, then the applicant shall pay the city an additional fee of $63.00 for each subsequent QCR made necessary by applicants failure satisfactorily cure the QCR deficiencies. On second technical review and all technical reviews thereafter, if the director determines that the applicant has failed to satisfactorily cure the technical deficiencies previously noted on prior technical reviews, then the applicant shall pay the city an additional resubmittal technical review fee in an amount equal to 0.25% of the initial technical review fee for each subsequent technical review made necessary by applicants failure to satisfactorily cure such deficiencies.

 

If after the technical review the director determines that the Plan application is in substantial compliance with city's regulations and adopted standards, the director shall notify applicant of application approval for permit issuance. The applicant shall pay the permitting fee in an amount equal to $162.00 per acre of disturbed area and such other fees as set forth herein, and procure the required permit as provide herein. The determination that the Plan is in compliance with city regulations does not imply that the city is guaranteeing specific outcomes nor is the city accepting any responsibility for the Plan.

 

The application shall be submitted on a form promulgated by the director and shall include the names, addresses, and telephone numbers of the developer/owner of the property, the applicant and lead contact, the contractors or subcontractors actually performing the land disturbing activity and their respective tasks, the engineer responsible for the preparation of the site map and grading plan, and the engineer responsible for preparation of the erosion and sediment control plan. In addition to the application form, the person shall submit the following items:

 

(1) a site map and clearing and grading plan that is in compliance;

 

(2) an erosion and sediment control plan that is in compliance;

 

(3) work schedule;

 

(4) site disturbance permit fees; and

 

(5) security for performance of work, if required.

 

(b) Issuance of permit upon payment of fees: As a condition for issuance of a site disturbance permit, the applicant shall pay a basic Plan fee in an amount equal to $235.00 per acre of disturbed area, and such other fees as set forth herein or as required, to defray the cost of Plan review services, quality control review (QCR) services, review comment resolution (RCR) services, resubmittal review services, permitting services, supervision, and inspection services. The basic Plan fee shall be composed of both an initial technical Plan review fee for Plan review services, (QCR) services, and (RCR) services in an amount equal to $73.00 per acre of disturbed area to cover the cost of Plan review services, quality control review (QCR) services, review comment resolution (RCR) services, re-submittal review services, permitting services and $162.00 per acre of disturbed area to defray the cost of supervision, and inspection services. In no case shall the basic Plan fee be less than $300.00. The minimum inspection fee shall also be adjusted by a factor to account for the duration of the permit. The fact shall be individually calculated based on staff estimates for each permit duration requested. The following formula shall be utilized in computing the factor: (Requested Duration divided by the product of 0.75 months times the disturbed area in acres). The computed factor shall never be less than 1.

 

(c) Supplementary fees. The fee for a supplementary review of site disturbance to cover any additional area or scope not included in the original permit shall be the difference between the fee paid for the original application or permit and the fee, which would have been required, had the original application or permit included the entire area or scope of the Work. The minimum supplemental site disturbance fee assessed shall be $300.00.

 

(d) Optional preliminary code review design meetings or consultation services. When requested by the applicant, meetings may be conducted to review the requirements and/or codes pertaining to the applicants project and a fee shall be assessed at the time of the meeting based on the area of the project as follows:

 

(1)               Total project area less than or equal to 3 acres ..no fee

 

(2)               Total project area greater than 3 acres and less than or equal to 10 acres$67.00

 

(3)               Total project area greater than 10 acres and less than or equal to 15 acres.$131.00

 

(4)               Total project area greater than 15 acres..$198.00

 

These fees shall be in addition to any other fees required.

 

(e) Priority Project review fee. When priority status is requested by the applicant, a fee of 2 times the review fee shall be assessed. Eligibility for priority status shall be determined by the director, or directors designate, based on the complexity of the project and availability of staff to perform the review. This fee shall be in addition to any other fees required.

 

(f) Changes to Reviewed Plans. Review of such changes shall be assessed a fee at the time of the review based on the scope of the review as follows:

 

(1)               Minor changes requiring limited review..$48.00

 

(2)               Major changes requiring review of design elements.1/2 of basic plan fee

 

The director of designee shall have the authority to determine the extent of the changes requested and the fee which shall apply. This fee shall be in addition to any other fees required.

 

(g) Permit extension fee. Applicant may request an extension of a permit issued and pay a fee sufficient to cover the additional administrative and inspection costs associated with the extension. Extension fees shall be individually calculated based on staff estimates for each permit extension requested.

 

(h) Enforcement fees. When enforcement actions are necessary above normal notification of deficiencies, a fee shall be assessed to cover the additional administrative, review and inspection costs of enforcement actions. Enforcement fees shall be individually calculated based on staff estimates of additional costs for records management, research and enforcement action outside of normal inspection and review duties. This fee shall be in addition to any other fees required and paid, court finds imposed and paid, court costs or any other related expenses.

 

(i)   Commencement of work without permit.  Whenever any work for which a permit is required by this section has commenced without first obtaining a permit, an investigation may be made before a permit is issued for such work and all fees specified for obtaining such permit shall be tripled. In addition, the permittee shall file a bond conditioned to protect and save harmless the city from all claims for damage or injury or death to other persons by reason of such construction work, as specified in Section 64-4(g) of Chapter 64. This provision shall not be construed as permission to begin work without the required permit.

 

(j) Payment of fees. All fees shall be rounded off to the next whole dollar amount. Fees may be waived at the discretion of the director during times of declared emergency.

 

(k) Fee refunds. For fees specified in this section, if no portion of the application for Plan review or permit inspection has commenced, the applicant may request in writing that the application be canceled. The applicant shall then be entitled to a refund of 90 percent of the applicable fee actually paid, except that a full refund will be made when the fee was paid or collected in error. If Plan reviews or permit inspections have commenced prior to receipt of a written request for cancellation of the application for a site disturbance, then a refund will not be made. No refund will be made if a request for a refund has been made more than 30 days after the site disturbance has expired and no Work has commenced.

 

(l) Adjustment of fees. The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The costs of processing the site disturbance permit must be increased by the CPI Index indicated above. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk. Notwithstanding anything herein to the contrary, the council may modify or waive the imposition of the fees established herein if the council determines that it is in the public interest to do so.

 

Sec. 64-4.  Construction or repair by property owner of facilities in adjacent right-

of-way.

 

(a)   Definitions.  As used in this section: 

 

Director  means the director of City Planning & Development of the city unless otherwise defined herein. 

 

Improvement  means new or a modification of existing curbs, gutters, driveways from curb to property line, sidewalks, sewers, street lighting systems and appurtenances by a change in grade, construction, repair or reconstruction authorized under this section. 

 

Owner  means the person, persons, or any legally recognized entity holding title to real property. 

 

Permittee  means an owner of private property, or the owner's representative or contractor a holding a special permit issued pursuant to this section. 

 

Plan  means a drawing, sketch, report, or document prepared in accordance with adopted city standards and codes to convey a design, Improvement or repair, and submitted for review and permitting pursuant to this section. 

 

QCR  means quality control review, a process of checking a plan submittal application or resubmittal for completeness against a certified submittal checklist that the applicant has prepared and attached to the plan prior to acceptance for technical review. 

 

RCR  means review comment resolution, a service provided to communicate and clarify review deficiencies. 

 

Special permit  means a permit issued by the director pursuant to this section for the construction or preparation for construction of an improvement. 

 

Work  means any activity that involves construction or preparation for construction of an Improvement. 

 

(b)   Permit required; issuance of permit.  The director is hereby authorized to issue a special permit, upon request, to owners of private property, or their representatives or contractors, to make improvements, at their own expense, in the public streets or alleys adjacent to or running through their property, if the director determines that such improvements are reasonably necessary. No person shall begin any such work until such permit therefor has been issued. 

 

(c)   Authorization of work under building permit.  Authorization for construction of such sidewalks and driveways within street rights-of-way adjacent to any lot on which a residential building is proposed may, at the option of applicant, be included in the building permit for that structure. 

 

(d)   Application, review process and fees.   

 

(1)    Application.  Each applicant for a special permit shall complete an application in the form provided by the director. The name of the applicant and lead contact shall appear on the application. The applicable fees pursuant this section shall be paid at the time of filing for review, resubmittal, and permit issuance. After review of an application, the director shall notify the applicant of such further action and reviews as necessary. If an application is approved, the applicant may procure all required permits for the work within 365 days. If all required permits for the work have not been procured, then the approval of the application shall be null and void, provided that the director may waive reapplication for plan review or may extend the time for action by the applicant for a period not to exceed 180 days upon request by the applicant if the director determines that there exist circumstances beyond the control of the applicant preventing procurement of permits for the work. Not more than one extension shall be allowed. Thereafter, a new application and new fee shall be required. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the director. 

(2)    Estimated cost of construction.  The determination of the estimated cost of construction under any provision of this section shall be made by the director. The estimated cost of construction to be use in computing the special permit fee and associated review fees shall be based on the total costs of similar construction at the time of application for review or permit issuance. 

 

(3)    Major infrastructure reviews and permit fees.  As a condition for issuance of a special permit pursuant this section for grading, improvements to streets, alleys, streetlights, streetlight signals, storm sewers, and sanitary sewers, the applicant shall pay a basic plan fee in an amount equal to 8.40 percent of the estimated cost of the construction, and such other fees as set forth herein, to defray the cost of plan review services, quality control review (QCR) services, review comment resolution (RCR) services, resubmittal review services, permitting services, supervision, and inspection services. The basic plan fee shall be composed of both an initial technical plan review fee for Plan review services, (QCR) services, and (RCR) services in an amount equal to 3.65 percent of the estimated cost of the construction, and a permitting fee for permitting services, supervision and construction inspection in an amount equal to 4.75 percent of the estimated cost of the construction. In no case shall the basic plan fee be less than $1,000.00 per permit per month of permit duration, or any extension thereof. 

 

An applicant shall submit a plan for QCR and certify that all of the necessary plan components are contained in the plan as required by the special permit submittal checklist. If as certified, all of the plan components have been submitted, but the submittal fails QCR for other omissions or deficiencies not set out in the checklist, no additional fee will be charged for subsequent QCR submissions by the applicant, if any, required by the director. If any QCR determines that plan does not contain all of the components certified by the applicant, then the applicant shall pay the city an additional fee of $63.00 for each subsequent submittal for QCR made necessary by applicant's failure to satisfactorily cure the deficiencies.

 

If the plan passes QCR, then the plan shall be submitted for technical review of the plans and applicant shall pay the initial technical plan review fee in an amount equal to 3.65 percent of the estimated construction cost. If after the initial technical review the director determines that there are technical deficiencies in the plan, the director shall notify applicant of the deficiencies and offer RCR services, and applicant may resubmit the plan for a second technical review without an additional review fee. Prior to a second technical review the applicant shall submit a revised plan for QCR and certify that all of the necessary plan components, additions, or changes previously noted by the director are contained in the plan. If any QCR determines that plan does not contain all of the revised components certified by the applicant, then the applicant shall pay the city an additional fee of $63.00 for each subsequent QCR made necessary by applicant's failure satisfactorily cure the QCR deficiencies. On second technical review and all technical reviews thereafter, if the director determines that the applicant has failed to satisfactorily cure the technical deficiencies previously noted on prior technical reviews, then the applicant shall pay the city an additional resubmittal technical review fee in an amount equal to 0.30 percent of the estimated cost of construction for each subsequent technical review made necessary by applicant's failure to satisfactorily cure such deficiencies.

 

If after the technical review the director determines that the plan application is in substantial compliance with city's regulations and adopted standards, the director shall notify applicant of application approval for permit issuance. The applicant shall pay the permitting fee in an amount equal to 4.75 percent of the estimated cost of construction and procure all required permits as provided in subsection (h)(1). The determination that the plan is in compliance with city regulations does not imply that the city is guaranteeing specific outcomes nor is the city accepting any responsibility for the plan.

 

(4)    Minor infrastructure reviews and permit fees.  As a condition for issuance of any permit pursuant to this section for new sidewalks, driveways, curbs and gutter sections, the basic plan, permitting services, supervision and inspection fee shall be an amount equal to seven percent of the estimated cost of the new work, but in no case shall the fee be less than $150.00. As a condition for issuance of any permit under this section for the repair or replacement of existing sidewalks, driveways, curbs and gutter sections, the basic plan fee for initial permitting services, supervision, and inspection services shall be an amount equal to five percent of the estimated cost of the repair or replacement, but in no case shall the fee be less than $150.00. 

 

(5)    Sidewalks and driveways.  Where authorization for the construction of sidewalks and driveways within street rights-of-way, required by ordinance, adjacent to any lot for which a residential building is proposed, is included in a building permit, such fee shall be $78.00 for interior lots and $118.00 for corner lots. Such fees shall be collected as part of the building permit fee. 

 

(6)    Supplementary fees.  The fee for a supplementary review and special permit to cover any additional value or scope of work not included in the original permit shall be the difference between the fee paid for the original application or permit and the fee which would have been required had the original application or permit included the entire value and scope of the work. The minimum supplemental special permit fee assessed shall be $1,000.00. 

 

(7) Optional preliminary code review meetings or consultation services. When requested by the applicant, meetings may be conducted to review the requirements and/or codes pertaining to the applicants project and a fee shall be assessed at the time of the meeting based on the value of the infrastructure improvement as follows:

 

a. Project total value less than or equal to $2,000.... no fee

b. Project total value greater than $2,000 and less than or equal to $10,000 .... $67.00

c. Project total value greater than $10,000 and less than or equal to $50,000.... $131.00

 

d. Project total value greater than $50,000.. $198.00

 

These fees shall be in addition to any other fees required.

 

(8) Priority Project review fee. When priority status is requested by the applicant, a fee of 2 times the fee shall be assessed. Eligibility for priority status shall be determined by the director, or directors designate, based on the complexity of the project and availability of staff. These fees shall be in addition to any other fees required.

 

(9) Changes to Reviewed Plans. Review of such changes shall be assessed a fee at the time of the review based on the scope of the review as follows:

 

a. Minor reviews - changes requiring limited review.$48.00

 

b.                  Major reviews - changes requiring review of design

elements 1/2 of basic plan fee

 

The director or designee shall have the authority to determine the extent of the changes requested and the fee which shall apply. This fee shall be in addition to any other fees required.

 

(10) Permit extension fee. Applicant may request an extension of a permit duration and pay a fee sufficient to cover the additional administrative and inspection costs associated with the extension. Extension fees shall be individually calculated based on staff estimates for each permit extension requested.

 

(11) Reinspection fees. When testing of infrastructure does not pass on the first inspection, a fee of $67.00 shall be assessed and no further inspections shall be completed until such fee is paid.

 

(12) Enforcement fees. When enforcement actions are necessary above normal notification of deficiencies, a fee shall be assessed to cover the additional administrative, review and inspection costs of enforcement actions. The enforcement fees shall be individually calculated based on staff estimates for each permit and the additional costs spent on the enforcement. This shall included enforcement actions taken to acquire as-built records required on sewer permits. These fees shall be in addition to any other fees required or court fines imposed and paid to the Court.

 

(13)    Payment of fees.  All fees shall be rounded off to the next whole dollar amount. Fees may be waived at the discretion of the director during times of declared emergency. 

 

(14)    Fee refunds.  For fees specified in this section, if no portion of the application for plan review or permit inspection has commenced, the applicant may request in writing that the application be canceled. The applicant shall then be entitled to a refund of 90 percent of the applicable fee actually paid, except that a full refund will be made when the fee was paid or collected in error. If plan reviews or permit inspections have commenced prior to receipt of a written request for cancellation of the application for a special permit, then a refund will not be made. No refund will be made if a request for a refund has been made more than 30 days after the special permit has expired and no work has commenced. 

 

(15)    Plans and specifications.   

 

a.    Plans for the work shall be prepared by such owners and submitted to the director for his approval. The plans shall indicate the location, extent and character of the proposed work, and include an estimate of the amount of the various materials, installation and services to be incorporated in the work. The plans shall have cross sections, profiles and other information as are ordinarily included in plans prepared in the office of the director for like work. The plans and work shall conform to the standard specifications of the city for public work of like character.

 

b.    All work shall be subject to the direction and supervision and to the satisfaction of the director.

 

(e)   Sewer construction.   

 

(1)    The grant of a special permit and the construction of the sewers or appurtenances by owner pursuant to this section does not exempt the property served by such improvements from any special assessment issued for the construction of sewers by the city in the districts or in the joint districts now or hereafter established by the city, and the city shall not be bound by the owner's construction of any sewerage improvements to determine whether the properties served by owner's improvements constitute a separate sewer district or districts. All sewers constructed by owner pursuant to this section shall become the property of the city upon acceptance by the director, and the city shall have the right and power to make use of, to reconstruct or to change such sewers to provide for the proper sewering of the drainage area.

 

(2)    Nothing in this subsection shall be construed to mean that the owner or owner's assigns shall be denied the right to use the sewers up to the approved designed capacities, as approved by the director of health and the director. Acceptance of the completed Improvements by the director shall be made only after receipt of reproducible as-built plans.

 

(3)    The director is hereby authorized to refuse the issuance of building permits or sewer construction permits for any residence, building or structure where such an addition, as determined by the director, would result in exceeding the design capacities of the sewers or sewerage facilities authorized in the special permit. The director may charge appropriate fees for evaluation of sewer connection requests and issuance of sewer connection permits to cover the additional administrative review and permit issuance costs associated with the connection. Connection fees shall be individually calculated based on staff estimates for each permit connection requested.

 

(f)   Performance and maintenance bond.   

 

(1)    The director shall require the permittee to furnish a performance and maintenance bond, approved by the director of finance, equal to the estimated cost of the work; unless authorization for the construction of sidewalks and driveways within street rights-of-way, required by ordinance, has been granted by inclusion of those improvements in the building permit; and unless the requirement is waived as provided in subsection (f)(2) of this section. The bond shall guarantee performance and completion of the work to the satisfaction of the director, within a time limit specified on the special permit. The bond shall also guarantee maintenance of various types of Work for the following periods:

 

a.    Grading: one year.

 

b.    Curb, gutters, sidewalks and driveways: two years.

 

c.    Portland cement concrete and asphaltic concrete pavement: two

years.

 

d.    Sewers and appurtenances: three years.

 

(2)    For sidewalks, curbs or driveways, if the estimated cost of the work is $2,000.00 or less, the director may waive the requirement for a bond provided the owner of the abutting property requests such waiver in writing on forms to be provided by the director.

 

(g)   Indemnification of city during construction.  Before any permit is issued pursuant to this section, the permittee shall file a bond conditioned to protect and save harmless the city from all claims for damage or injury or death to other persons by reason of such construction work; or in lieu of such bond the permittee may file with the city a certificate of public liability insurance in favor of the city, indemnifying the city for claims for damage or injury. The limits and liability of the bond or insurance shall not be less than the following: 

 

(1)    Personal injury, each person: $100,000.00;

 

(2)    Personal injury, each occurrence: $300,000.00;

 

(3)    Property damage, each occurrence: $50,000.00; and

 

(4)    Property damage, aggregate: $100,000.00;

with the bond or insurance sureties to be approved by the director of finance.

 

(h)   Commencement of work without permit.  Whenever any work for which a special permit is required by this section has commenced without first obtaining a special permit, a special investigation may be made before a special permit is issued for such work and all fees specified for obtaining such permit shall be tripled. This provision shall not be construed as permission to begin work without the required permit. 

 

(i)   Penalty.   

 

(1)    Any person, whether owner, representative, contractor, subcontractor or foreman, who shall grade, construct, repair, reconstruct or alter any public street, pavement, curb, gutter, driveway, sidewalk or sewer within any public way, or any public sewer adjacent to or running through any private property within a public right-of-way, without first securing a special permit therefore, issued by the director, shall be deemed guilty of an ordinance violation, and upon conviction thereof shall be fined in an amount not less than $50.00 and not more than $500.00.

 

(2) For every day after the conviction of any person for the violation, failure, neglect or refusal to comply with any provision, regulation or requirement of this section, that such violation is continued, such person shall be deemed and taken to be guilty of a separate and distinct offense, for which he may be again arrested and tried, and, upon conviction, be punished as in the first offense.

 

(j) Adjustment of fees. The city manager shall have the authority to adjust the fees listed above, except in Section (d)(3), to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 64-78.  Fees for establishing or change of grade.

 

(a)   Any person seeking to establish the grade of any street within the city pursuant to chapter 66 or filing a petition to change the grade of any street within the city shall obtain a written estimate of the cost of publication and all other expenses incident to the preparation of such ordinances necessary to authorize such action from the city clerk, and shall deposit with the commissioner of accounts a sum of money equal to the amount of such estimate to be held in a grade change account and paid out as provided in this section.

(b)   Upon receiving any deposit required by subsection (a), the commissioner of accounts shall issue duplicate receipts therefore, containing the name of the person depositing the money, the amount thereof, and a description of the street affected, by the grade change. A copy of the deposit receipt shall be delivered to the person making the deposit and a copy shall be delivered to the director of finance. The deposit shall be delivered to the city treasurer, who shall keep a separate account of each deposit and shall place the deposit to the credit of the change of grade account.

 

(c)   In addition to the deposit required in subsection (a) of this section, any person seeking to establish the grade of any street within the city pursuant to chapter 66 or filing a petition to change the grade of any street within the city shall also pay a fee in the amount of $336.00 to the city at the time the petition is filed to defray the cost incurred by the City Planning & Development department for the preparation of the grade ordinance and other documentation that may be required. Said fee shall be deposited to an account established for the department of City Planning & Development for right-of-way service charge-outs.

 

(d) The city manager shall have the authority to adjust the fee listed in Section (c) to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 64-161.  Prohibited acts, exceptions, and fees.

 

(a)   Definitions. For purposes of this section the following words shall be defined as follows:

 

Banner  means a strip of cloth, vinyl, plastic or combination thereof upon which there appears a sign or message, but shall not mean banners regulated under chapter 18, Code of Ordinances unless specified in this section. 

 

Banner permit  means a document issued by the director of City Planning & Development allowing a temporary encroachment for a banner in the public right-of-way for a prescribed period of time. 

 

Central business district freeway loop  means that part of the city bounded on the north, east, south and west by the loop of freeways I-35, I- 70 and I-670. 

 

Collectors and local streets  mean those roadways as defined in the major street plan to collect traffic from an industrial area, a commercial area or a residential street and move it to an arterial street so traffic can then move to its destination. The shorter length of travel on the collector distinguishes the collector from an arterial. 

Director  means the director of public works unless otherwise described in this section. 

 

Event banner  means a banner containing a sign or message regarding a public event or a celebration of a season. 

Local streets  means those roadways as defined in the major street plan intended to provide access to abutting properties and to carry traffic to collector streets. Local streets provide access to residential neighborhoods. 

 

Major street plan  means the contents of that certain plan for the streets in the city, adopted by Second Committee Substitute for Ordinance No. 64073, and as amended from time to time. 

 

Neighborhood banner  means a banner containing a sign or message identifying the neighborhood association or educational institution within a neighborhood where they are located. 

 

Primary arterial streets  are those roadways as defined in the major street plan to move through traffic, yet accommodate major access points from abutting properties and normally carry 10,000 or more vehicles per day. 

 

Public right-of-way  means a city street or state roadway located in the city as defined in the city's "major street plan", and collectors, local streets and parkways and boulevards under the jurisdiction of the board of parks and recreation commissioners. 

 

Secondary arterial streets  means those roadways as defined in the major street plan as secondary arterials to provide access for one or more neighborhoods to various activity centers such as downtown, community shopping centers, strip commercial areas, employment centers and community and regional recreation areas and normally do not cross through residential neighborhoods, but act as boundaries to them. 

 

(b)   No person shall deposit, place, erect or maintain any structure, material, article, substance, decoration or thing on, in or above any street, curb, gutter, park, parkway, sidewalk or public place of the city except as specifically otherwise provided for by ordinance. This prohibition expressly includes the use of public rights-of-way for building or maintaining dispersed uses such as banners or telecommunications, utility, cable television or other similar systems.

 

(c)   Encroachment into the right-of-way, allowed by ordinance, will be subject to the imposition of a license fee as set out in section 18-40, Code of Ordinances.

 

(d)   Whenever any person or organization shall desire to temporarily use a portion of any street or sidewalk for one of the purposes mentioned in subsection (b) of this section, the director may issue to such person or organization a temporary permit to use a portion of such street to such extent and for such time as the director shall find to be reasonably necessary and in the public interest.

 

(e)   The issuance of any permit issued pursuant to this section is conditioned on the permit holder procuring and maintaining in force during the term of the permit general liability insurance, issued by a company approved by the director of finance, meeting the following conditions:

(1)    A certificate of insurance acknowledging a policy of general liability insurance shall be provided.

 

(2) Such certificate shall list as the insured the name of the applicant/permittee, having the same address.

 

(3)    Such certificate shall name the city as an additional insured.

 

(4)    Such certificate shall indicate the city as the certificate holder.

 

(5)    Such certificate shall show the policy number, effective date of the insurance and the expiration date of the insurance.

 

(6)    The limits of liability of the policy, as shown on the certificate, shall not be less than the following:

 

a.    Personal injury, each person: $100,000.00, and

 

b.    Personal injury, each occurrence: $300,000.00, and

 

c.    Property damage, each occurrence: $50,000.00, and

 

d.    Property damage, aggregate: $100,000.00, or

 

e.    Bodily injury and property damage combined: $400,000.00.

 

(7)    Such certificate shall state that the insurance company shall furnish ten days prior notice of cancellation of the policy to the city engineer.

 

(f)   Banners. The display of banners is a specialized temporary use of the public right-of-way and may be allowed on city streetlight poles and other such facilities in the public right-of-way subject to compliance with the conditions and regulations imposed in this subsection, including but not limited to standards adopted by the director to ensure that the display of banners do not create an unsafe condition for public use of the public right-of-way and are authorized encroachment uses of the public right-of-way. The provisions of this article shall not apply to banners regulated under Chapter 18, Code of Ordinances unless specified therein. 

 

(1)    Banner permit. No banner shall be displayed in the public right-of-way without a banner permit issued by the director. The director is authorized to issue banner permits for the display of event banners and neighborhood banners in city public right-of-way. A banner permit will state the number, and location of the banners and the duration of the permit. 

 

(2)    Banner permit fee. In addition to the application fee provided in this subsection, the following fees shall be paid to the city treasurer before a banner permit is issued: 

(3)    Application for banner permit.   

 

a.    Application fee. A fee of $56.00 to cover the various costs incurred by the city in investigating and processing the application shall be paid to the city at the time of application for a banner permit issued under this section. The application fee is not refundable. The fee shall be deposited into an account established for the department of public works, engineering division for right-of-way service charge-outs.

 

b.    Contents. Any person desiring to obtain a Banner permit under the terms of this subsection shall make application therefor to the director, in writing, on a form provided by the director. The applicant shall furnish the following:

 

1.    Color picture of the banner, or banners to be displayed.

 

2.    Detail drawing of banner brackets and other hardware used to suspend the banner.

 

3.    Four copies of a scale map or plan locating the poles to be used for display, and depicting the street right-of-way lines.

 

4.    Permission in writing from the owner of a pole not owned by the city allowing the display of a banner from such pole.

 

5.    A list of the pole locations and pole numbers.

 

6.    An insurance certificate that meets the requirements contained in subsection (e) of this section.

 

(4)    Issuance.  No banner permit provided for by this subsection shall be issued for the display of any banner except in conformity with the following: 

 

a.    Approved locations. Banners for display within the public right-of-way may be displayed only on primary arterials, secondary arterials and collector streets but shall not be displayed on local streets, freeways or expressways. The display of banners on boulevards, parkways, streets or roads under the jurisdiction of the board of parks and recreation commissioners, in addition to compliance with all other regulations and conditions in this section, shall require approval from such board. The display of banners from a privately owned building shall require a permit issued by the department of codes administration in accordance with Chapter 18, Code of Ordinances.

 

b.    Alignment and direction of display. Permitted banners may only be displayed vertically, perpendicular or parallel to the curb of a street along the sides of public right-of-way. No banner shall be suspended or extend across the public right-of-way from one side of a street to the other side of a street.

 

c.    Size, materials, placement.

 

1.    No banner shall exceed 30 inches in width or 72 inches in length provided that a larger banner may be permitted if an applicant for a banner permit furnishes to the director a wind load analysis, signed and sealed by a registered professional engineer of the State of Missouri, setting forth that the potential wind load on the pole for each proposed display for the total banners on each pole is within the design standards for the pole installation.

 

2.    The lowest edge of the banner shall not extend less than 16 feet above the level of the street.

 

3.    Vinyl-coated nylon or a similar fabric banners are permitted so long as they are constructed of weatherproof and flame-retardant material

 

4.    The number and placement of banners shall limited as follows:

 

i.    One banner bracket set per pole.

 

ii.    A maximum of two banners may be installed on a single bracket set.

 

iii.    Banners shall not be placed closer than 200 feet from other banners except at intersections and those streets in the central business district freeway loop.

 

5.    If the process of installation or removal of the banners will result in a disruption of traffic, then the applicant shall comply with all of the applicable regulations, and obtain such traffic control permits and pay the applicable fees.

 

d.    No banner permit shall be issued if the applicant has failed to meet all requirements set forth in this subsection; if at the time of the proposed display there will be a conflict of time with city sponsored banners at the proposed location; if at the time of the proposed display there will be a conflict with construction activities at the proposed location; if the proposed banner contains a display of a religious message or symbol; or if the proposed banner contains a commercial advertisement of any kind.

 

e.    As a condition for the issuance of a banner permit, the applicant shall furnish and maintain a restoration deposit in the amount of $56.00 for each pole upon which a banner will be attached under the permit. Upon city approval of the satisfactory removal and restoration of the banners and hanging brackets by the permittee, the restoration deposit, less any amount used for removal or repairs, will be refunded to the permittee.

 

f.    As a condition for the issuance of a permit for an event banner, the applicant shall pay the city an inspection fee of $56.00 for the first pole and $2.00 for each additional pole under the permit.

 

g.    There shall be no inspection fee for the issuance of a permit for a neighborhood banner.

 

(5)    Duration for display

 

a.    The banner permit for the display of an event banner shall not exceed 90 days.

 

b.    The banner permit for display of a neighborhood banner shall not exceed 365 days.

 

c.    A banner permit may be renewed, following approval of an application and payment of the permit fee and compliance with all other requirements set forth in this subsection.

 

d.    Unless otherwise approved by the director, upon expiration of a banner permit, banners and hanging brackets shall be removed by the permittee. During the permit period, damaged, deteriorated, or faded banners shall be removed by the permittee and may be replaced. If the permittee fails to remove the banner and hanging brackets within a reasonable time after expiration of the banner permit or within a reasonable time after notification by the city that a banner is damaged, deteriorated, or faded, then the city may remove the banners and brackets without notice and charge the permittee a removal fee of $56.00 per pole. Upon removal by the city, title to all materials, which have been removed, shall vest in city as partial compensation for the cost of removal.

 

e.    The issuance of a banner permit is a license and not a grant and may be revoked by the director at his discretion; upon revocation the permittee shall cause the removal of the facilities and the restoration of the area without expense to the city.

 

f.    The insurance must remain in force during permitted duration. If at any time the insurance expires or is cancelled, the permit shall be deemed null and void and the banners are to be removed from public property. If a reasonable time lapses upon such expiration or cancellation, and the permittee has not removed the banners and brackets, the city may remove them without notice. Upon removal by the city, title to all materials, which have been removed, shall vest in city as partial compensation for the cost of removal.

 

(g) Adjustment of fees. The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 66-10.  Fees.

 

(a)   Generally.  The following fees are hereby established for the filing of applications in conformance with the provisions of this chapter: 

 

(1)    Preliminary plat.  The fee for the filing of the preliminary plat will be: 

 

a.    For residential, a minimum charge of $375.00 plus $4.00 per unit, but not to exceed $1,250.00.

 

b.    For applications revising an area of an approved preliminary plat, a minimum charge of $375.00 plus $4.00 per unit of the area to be amended, but not to exceed $1,250.00.

 

c.    For nonresidential, a minimum charge of $375.00 plus $60.00 per acre or fraction thereof, but not to exceed $1,250.00.

 

d.    For applications revising an area of an approved preliminary plat, a minimum charge of $375.00 plus $60.00 acre of the area to be amended, but not to exceed $1,250.00.

 

(2)    Final plat.  The fee for filing the final plat shall be: 

 

a.    For residential, a minimum charge of $375.00 plus $4.00 per unit, but not to exceed $1,750.00.

 

b.    For nonresidential, a minimum charge of $375.00 plus $30.00 per acre or fraction thereof, but not to exceed $1,750.00.

 

(3)    Lot split.  The fee for filing for lot split shall be: 

 

a.    For residential, excluding townhouses, a minimum charge of $200.00 plus $3.00 per lot.

 

b.    For nonresidential, a minimum charge of $200.00 plus $60.00 per acre.

 

(4)    Townhouse plat or survey (minor subdivision).  The fee for filing a certificate of survey for townhouses upon an established lot is $200.00 plus $4.00 per unit. 

 

(5)    Street naming.  The fee for filing for approval of street names shall be: 

 

a.    $125.00 as part of plat approval process.

 

b.    $125.00 for honorary street name petition.

 

(6) Re-review of plats. When plat documents require subsequent submittal(s) for review after the 2nd submittal, and prior indicated deficiencies were not addressed in the resubmittal, a resubmittal fee shall be assessed at the time of resubmittal. This fee shall be 25% of the original filing fee for 3rd and subsequent resubmittals. Such resubmittal fee shall not apply as a credit toward any other fees charged. Maximum resubmittal fee shall be $500.00.

 

(b)   Recording fee for final plat.  The fee for filing the final plat shall be deposited with the office of the director of records and shall be equal to the fee required by the county in which the plat is required to be filed. 

 

(c)   The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs of the services being provided. If the costs in processing the applications fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs of processing the applications. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 72-2.  Permit for operation of development or camp; authorized locations for

mobile homes and travel trailers.

 

(a)   Permit required; authorized locations for mobile homes and travel trailers.  No mobile home development or travel trailer camp shall be maintained or operated within the city except as provided in this chapter, and without first securing a permit from the director of codes administration, and no mobile home or travel trailer shall be used or occupied as living accommodations except in a mobile home development or travel trailer camp or when used as temporary quarters for a watchman or guard or when used as a field office for a construction project. In case of such temporary use, a temporary permit shall be issued by the department of codes administration and the duration of time the permit would be effective shall be specified. 

 

(b)   Duration of permit; renewal; fee; display.  The permit for a mobile home development or travel trailer camp shall be obtained from the department of codes administration for a period of 12 months, for which a fee shall be paid at the rate of $6.00 for each new mobile home space or travel trailer space in the development. Application for renewal of permits for an additional 12 months may be made within 30 days prior to the expiration of a permit and a fee of $3.00 for each mobile home or travel trailer space shall be paid. The permit must be displayed at all times. 

 

(c)   Compliance agreement; manager.  The applicant for a permit to maintain or operate a mobile home development or travel trailer camp shall, in his application, agree to observe all ordinances of the city relating to mobile homes and travel trailers and their respective development. The applicant shall have an individual who shall be in charge of the development at all times. Such individual or group of individuals, together with the holder of the permits, shall be responsible for any violation of the provisions of this chapter which may occur in the operation of such development. 

 

(d)   Right of entry; revocation or suspension of permit.  The director of codes administration or his agent shall have the authority at any reasonable time to enter upon and inspect for health and sanitation purposes any facility authorized under this chapter. If after inspection it shall be found that the holder of a permit has violated any provision of this chapter relating to mobile home or travel trailer development, the director of codes administration shall have the power to revoke or suspend any permit and order the violation to be corrected or the development or camp to be closed after public notice and hearing. 

 

(e)   Prerequisites for issuance of permit.  Before any issuance or renewal of a permit an inspection shall be made by the department of codes administration to determine that all requirements of this chapter have been complied with. No permit shall be issued by the department of codes administration until all the provisions of this chapter and the zoning ordinance have been complied with. 

 

(f) Adjustment of fees. The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 75-9. Deposit and fees for vacation of street or public place.

 

(a) Whenever any person shall apply for the vacation of any street, alley or public place or plat within the city, he shall procure a written estimate of the cost of publication and all other expenses incident to such vacation, and shall, before the notice of the pendency of such petition is published by the city clerk deposit with the city a sum of money equal to the amount of such estimate, which money shall be kept and paid out as provided in this section.

 

(b) In addition to the deposit required in subsection (a) of this section, a fee in the amount of $280.00 for the vacation shall be paid to the city at the time of application.

 

(c) The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 75-12. Release of easements: fees.

 

(a) The city may release any city easement (other than for a street or public place) by ordinance. The procedures in this chapter for vacation of streets and public places and plats shall not apply to the release of such easements.

 

(b) Any person filing an application for the release of all or part of an easement (other than a street or public place) within the city, shall pay a fee in the amount $112.00 per easement to the city at the time the application is filed to defray the cost incurred by the city development department for review and processing.

 

(c) The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Sec. 80-480.  Fees.

 

(a)   Applications to board of zoning adjustment and city plan commission.  Certain fees are hereby established for the filing of applications to the board of zoning adjustment and the city plan commission as follows: 

 

(1)    City plan commission.

 

a.    For applications to rezone, not requiring a preliminary plan: $625.00.

 

b.    For applications to rezone with a preliminary or development plan:

 

1.    Residential: $625.00 plus $4.00 per dwelling unit, but not to exceed $3,500.00.

 

2.    Nonresidential: $625.00 plus $90.00 per acre or fraction thereof, but not to exceed $3,500.00.

c.    For Community Unit Projects: $375.00 plus $4.00 per dwelling unit, but not to exceed $3,000.00.

 

d.    For amendments to preliminary or development plans:

 

1.    Residential: $300.00 plus $4.00 per dwelling unit of the area to be amended, but not to exceed $1,250.00.

 

2.    Nonresidential: $300.00 plus $90.00 per acre or fraction thereof of the area to be amended, but not to exceed $1,250.00.

 

e.    For each stage of final plans:

 

1.    Residential: $225.00 plus $4.00 per dwelling unit, but not to exceed $1,250.00.

 

2.    Nonresidential: $225.00 plus $90.00 per acre or fraction thereof, but not to exceed $1,250.00.

 

f.    For approval of signage plans: $250.00.

 

g.    For application for special review district: $425.00.

 

h.    For special use permits and text amendments: $500.00.

 

i.    For Group Housing Projects: $375.00 plus $4.00 per dwelling unit.

 

j.    For Land use Amendments and all other applications: $800.00.

 

k. For Major Street Plan Amendments (MSP): $400.00

 

l. For Neighborhood Rezoning projects:

 

- from 0-200 parcels / lots . . . . . . . . . $2,500.00

- from 201-500 parcels / lots . . . . . . . $4,500.00

- from 501- + parcels / lots . . . . . . . . . $5,500.00

 

m. For all other applications: $600.00

 

(2)    Board of zoning adjustment.

 

a.    For applications for variances involving the following uses:

 

1.    One- and two-family dwelling and accessory uses: $250.00

 

2.    All other uses: $500.00

b.    For applications for appeal from the decision of the Director of City Planning & Development: $500.00.

 

c.    For applications for a conditional use permit for signs: $325.00.

 

d.    For applications for a conditional use permit for carnivals, circuses, fiestas or street fairs: $450.00.

 

e.    For applications for a special permitted use: $375.00.

 

f.    For applications for all other requests: $375.00.

 

g.    For applications for rehearing before the board of zoning adjustment: $200.00.

 

h.    For applications for a group housing project: $575.00.

 

i.    For stay of enforcement: $400.00.

 

j.    For applications for a conditional use permit for uses identified in Section 80-212:

 

1.    (b)(6) Halfway houses, (b)(8) Open-face quarries, sand or gravel pits (b)(9) Refuse dumps: $1,450.00.

 

2.    (b)(2) Check-cashing or title loan establishments, (b)(3) Children's group home facility, (b)(4) Day labor establishments, (b)(5) Gun clubs, (b)(7) Miniature cars and trains, (b)(10) Demolition debris landfills and (b)(11) Riding stables and tracks: $800.00.

 

k.    For applications for a conditional use permit for uses identified in Section 80-213:

 

1.    (7) Group homes: $575.00.

 

2.    (9) Penal or detention centers or facilities, (13) Solid waste separation facilities and transfer stations, and (15) Underground mines or quarries: $1,450.00.

 

3.    All other uses: $825.00.

 

(3)    For any request for continuance by the applicant: $125.00.

 

(4)    The city plan commission and the board of zoning adjustment shall have the authority to waive the fees set out in this subsection in the interests of justice.

 

(b)   Transcripts on appeal to circuit court.  Transcripts, necessary upon appeal to the circuit court, shall be furnished by the appellant. These may be obtained, upon payment of the current charge, from the reporting service employed by the board of zoning adjustment to take testimony given at the public hearing. The board may waive the transcription costs where it is determined that the appellant is unable to pay the costs. The cost of the transcript will be refunded to the appellant if the appellate court orders such refund upon judgment. 

 

(c)   Certificates of legal nonconformance.  For all applications for certificate of legal nonconformance, there shall be a charge of $125.00 for applications related to one- and two-family residences and $300.00 for all other applications. For all requests for approval of a change in use for an existing legal nonconforming use pursuant to Section 80-230(4), there shall be a charge of $50.00 for requests related to one- and two-family residences and $175.00 for all other requests. 

 

(d)   The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs of the services being provided. If the costs in processing the applications fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs of processing the applications. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney