ORDINANCE NO. 921180
Amending Chapter 39, Code of General Ordinances of Kansas
City, Missouri, commonly known as the Zoning Ordinance by repealing Section
39.315, Decisions of the Board as Final, Section 39.316, Rehearings by the
Board of Zoning Adjustment, and Section 39.480, Fees, and enacting in lieu
thereof new sections of like number and subject matter.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 39, Code of General Ordinances
of Kansas City, Missouri, commonly known as the Zoning Ordinance is hereby
amended by repealing Section 39.315 and enacting in lieu thereof a new section
of like number and subject matter to read as follows:
Section 39.315. Decisions of the Board as Final.
The action of the Board shall be final unless an
appeal is taken to the Circuit Court of the County in which the property is
situated within thirty (30) days of the date the decision was filed in the
office of the Board. No case shall be reopened nor shall any application be
accepted constituting the same case involving the same property upon which the
Board has taken final action for at least one year from the date of the final
action by the Board.
Section B. That Chapter 39, Code of General
Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance is
hereby amended by repealing Section 39.316 and enacting in lieu thereof a new
section of like number and subject matter to read as follows:
Section 39.316. Rehearings by the Board of Zoning
Adjustment.
The Board may grant a rehearing upon any application
if a request for such rehearing, which includes new evidence to be presented
which was not considered by the Board at the hearing or for good cause being
shown, is made to the Board within thirty (30) days of the date upon which the
applicant was notified of the Board's original action. Only one application
for a rehearing may be made in any case.
Section C. That Chapter 39, Code of General
Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance is
hereby amended by repealing Section 39.480 and enacting in lieu thereof a new
section of like number and subject matter to read as follows:
Section 39.480. Fees.
I. Certain fees are hereby established for filing of
applications to the Board of Zoning Adjustment and the City Plan
Commission as follows:
A. City Plan Commission.
1. For applications to rezone, not
requiring a preliminary plan $
50.00
2. For applications to rezone with a
preliminary plan (Districts CP,
CPO, and MP) and limited districts
$100.00
3. For amendments to preliminary plans
(as noted in 2, above) or to review
a preliminary plan in District MP $
50.00
4. For each stage of final plans
(as noted in 2, above) $
20.00/acre or
part
thereof, not
to
exceed $500.00
5. For approval of signs (as noted
in 2, above) $
50.00
6. For applications for GP districts,
Community Unit and Group Housing
Projects, and Mobile Home
developments $
20.00/acre or
part
thereof, not
to
exceed $500.00
7. For special use permits and
text amendments
$100.00
8. For all other applications $
50.00
B. Board of Zoning Adjustment.
1. For all applications (except as
provided in A, above and B2, below $
50.00
2. For applications for rehearing $
25.00
C. For any case requiring public notice,
an additional fee $ 50.00
For any request for continuance by the
applicant $
50.00
D. The City Plan Commission and the Board of
Zoning Adjustment shall have the authority
to waive the above fees in the interest of
justice.
II. For Transcripts on Appeal to the 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 for the same. The cost of the transcript will
be refunded to the appellant if the Appellate Court orders such refund
upon judgment.
III. Certificates of Legal Nonconformance.
A. For all applications for Certificate
of Legal Nonconformance, other than those
requested as a result of a zoning change
pursuant to Sections 65.230, VI, D and
39.230, VI, D $100.00
Section D. That the Council finds and declares that
before taking any action on the proposed amendment hereinabove, all public
notices and hearings required by the Zoning Ordinance have been given and had.
_____________________________________________
I hereby certify that as required by Chapter 39,
Code of General Ordinances, the foregoing ordinance was duly advertised and
public hearings were held.
___________________________________
Secretary, City Plan
Commission
Approved as to form and
legality:
___________________________________
Assistant City Attorney