City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents

Section 408.010 General Provisions.

[R.O. 2012 §408.010; Ord. No. 12-03-04, 3-5-2012]
A. 
Jurisdiction. These regulations shall apply to all land located within the City of Excelsior Springs.
B. 
Purpose And Intent. The /U Underground Overlay District is established for the following purposes:
1. 
To accommodate and permit the reasonable use of underground space;
2. 
To protect other properties and persons from adverse effects caused by underground activities; and
3. 
To protect the health, safety and welfare of persons in or around /U Districts.

Section 408.020 Establishment of District.

[R.O. 2012 §408.020; Ord. No. 12-03-04, 3-5-2012]
A. 
The /U District may be established when either of the following conditions exists:
1. 
Where usable underground space exists; or
2. 
Where subsurface located material intended to be extracted exists that adjoins an existing /U District or where the surface land at the entrance has an "A" Agriculture or "M" Industrial zoning classification.
B. 
The /U zoning classification may be established, amended or removed only in accordance with rezoning procedures of Chapter 400. The only difference is that the /U District provisions apply only to the subsurface area and do not affect the zoning classification of the land surface above the /U District.
C. 
The initial designation or amendment must be accompanied by a certified survey map showing the extent of existing underground mining, the extent of proposed underground mining, and all points of access to the surface, whether vehicle entrances, pedestrian entrances, or openings for utility or ventilation.

Section 408.030 Uses.

[R.O. 2012 §408.030; Ord. No. 12-03-04, 3-5-2012]
A. 
The following uses are permitted by right in the /U Underground Overlay District:
1. 
Any use permitted by right, permitted by right with minimum use standards, or by special use permit in the zoning district controlling the surface property at the primary entrance (that having the most traffic) to the underground space is permitted in the /U District.
2. 
When not allowed by the surface zoning classification, extraction may be allowed by special use permit in accordance with Section 400.230.
3. 
Other allowed uses may be allowed in the subject /U District by the City Council at the time the /U District is established, provided that such use is not otherwise prohibited by other relevant City ordinance.

Section 408.040 Standards and Requirements.

[R.O. 2012 §408.040; Ord. No. 12-03-04, 3-5-2012]
A. 
Underground space in the /U District is subject to the following standards and requirements:
1. 
Building permits are required to develop a habitable underground building and to qualify for a certificate of occupancy.
2. 
Access to underground uses must be by means only of non-residential zoning districts. Access to underground uses must be through property owned by or controlled by operators of the underground space. Such access must connect immediately to a major thoroughfare without first proceeding through or by other properties; or such entrances must be on property properly zoned to contain the uses developed within the underground space.
3. 
In order to qualify for building permits or certificates of occupancy, the owners or operators of underground space must have on file with the City a certificate by a registered professional engineer regarding the structural integrity of the underground space. Such certificate may provide for exceptions or conditions that apply as a condition of building permit approval.
4. 
All above ground ventilation equipment and utility installations must be screened from view of streets and adjacent R-zoned lots by landscaping or structures that are architecturally compatible with surrounding development.
The City Council may impose conditions of approval as it deems appropriate to the particulars of the request. Approval of a special use is at the sole discretion of the City Council and is not a use of right. Such approval, when given, shall be solely for the location proposed, and shall not be transferable voluntarily or involuntarily or by operation of law; but shall be personal to the permittee to whom such special use permit is granted. The City Council may revoke a special use permit for cause shown, after a hearing. Failure to meet minimum requirements of the law or conditions of the special use permit shall be grounds for revocation.