Application Forms and Procedures
Application forms are necessary to properly process most landuse and development requests. Below is a summary of the most common application forms and related information made available by the Clay County Planning & Zoning Department. Every landuse and development application and corresponding review procedure must adhere to the regulations established under Section 151-3 of the Clay County Land Development Code ("LDC").
It is strongly recommended that a pre-application meeting be scheduled with department staff by contacting us at (816) 407-3380 or E-mail to go over all the many facets of each application and development review procedure, as each piece of land and situation is unique.
Adjacent Property Owners
The majority of the landuse and development applications require proper notice of their requested action to the surround property owners, in accordance with the Revised Missouri Statutes ("RSMo") Chapter 64.645. If this standard applies, a list of names and addresses of the owners of record of all property within 1,000 feet of the subject property will be required at the time of application submittal.
Owner Authorization Form
If a property owner wishes to have another individual or group of individuals represent them on their behalf during public meetings, a notarized "Owner Authorization Form" for each individual is required at the time of application submittal.
STEP 2: Final Plat (application form)
If a subdivision request strictly adheres to the prerequisite criteria for a Minor Subdivision under Section 151-3.5 of the LDC, then a Minor Subdivision may be requested.
Those prerequisites include but are not limited to:
- Creates no more than 3 residential lots
- Does not require the extension of public facilities or the creating of significant public improvements, as determined by the Planning and Zoning Director
- Has access to an existing street and does not involve any new interior streets
- Shall be under one ownership
- Shall be split from one contiguous parcel
- Does not create a nonconforming lot
- Does not contain a "phased development" plan
- In the case of an existing nonconforming parcel, does not increase the nonconformity
- Not more than one Minor Subdivision involving any part of the original property per every 5 years
- Does not adversely affect the remainder of the parcel or adjoining properties and is not in conflict with any provisions of the Clay County Comprehensive Plan or Clay County Land Development Code ("LDC") regulations
- The same zoning district is requested for all lots within the subdivision
If the result of a subdivision involves a lot or lots that do not conform to the standards of the pre-existing zoning district, then a "Zoning Map Amendment" (commonly referred to as a "Rezoning", or "RZ") is required. More information may be found under Section 151-3.3 of the LDC.
Rezonings are initially heard before the Planning & Zoning Commission (PZC), and the PZC forwards a recommendation vote of approve or deny to the County Commission.
Conditional Use Permit ("CUP")
The purpose of a CUP is to allow for acceptable uses in the LDC but additional review and conditions are necessary in order to allow that specific use. A CUP is restricted to the individual applicant and is not transferable to another. The County Commission may make specific requirements that are not explicitly detailed in the LDC, as deemed necessary for the activity to be conducted on a given piece of land.
CUPs are not transferable to another person or parcel of land.
Review the Use Table under Section 151-6.1 of the LDC to identify specific landuses that require a CUP. A "C" designated under a specific landuse signifies that it is allowed only if reviewed and approved as a CUP.
When an applicant has a condition of development that requires a variance from the standard requirements of the LDC, an application may be submitted to request a Variance from the Board of Zoning Adjustment (BZA). Applicants may only request a reverse of a decision by the BZA to the 7th Judicial Circuit Court of Clay County, Missouri.
Explicit approval criteria for both a Use Variance and Non-Use Variance are detailed under Section 151-3.11 of the LDC.
The Clay County Planning & Zoning Department has home rule jurisdiction or control over only the unincorporated areas of the County, or those areas outside of city limits. If you live within an incorporated city, you will need to contact your city regarding any planning and zoning matters as only they have control inside their city boundaries.