[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
This document shall be known and cited as the City of Kearney Unified Development Code (UDC) and may be referred to as "this UDC" or "this Chapter".
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Except as otherwise provided for herein, this Unified Development Code is adopted by the Board of Aldermen of Kearney under powers conferred by Section 89.010 et. seq., RSMo.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A. 
This Unified Development Code and the zoning districts as herein established have been made in accordance with a land use study to promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity and general welfare of the citizens of Kearney, Missouri, and to:
1. 
Promote a high quality living environment for the residents of Kearney;
2. 
Lessen or avoid congestion on the public streets and highways;
3. 
Secure the safety of persons and property from fire, flood and other dangers and to secure adequate open space for light, air and amenity;
4. 
Conserve and stabilize property values through appropriate land uses;
5. 
Facilitate the efficient provision of adequate public facilities such as water, sewage disposal, drainage, electricity, public schools, parks and other public services;
6. 
Conserve and enhance the architecture, history, pedestrian orientation, mixed use and character of the historic downtown core;
7. 
Encourage innovative and quality residential development so that a variety of type, design and layout of dwellings may be achieved;
8. 
Encourage pedestrian and vehicular connections between residential neighborhoods and surrounding employment and shopping centers and community facilities such as parks and schools;
9. 
Encourage a balance of residential and non-residential uses and development in the community so that future growth occurs in a fiscally prudent manner;
10. 
Improve the aesthetics and design of all primary entranceways and corridors within the community.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A. 
This Unified Development Code is intended to implement the goals, principles and objectives contained in the Kearney Comprehensive Plan and other planning documents, design guidelines and polices of the Planning and Zoning Commission.
B. 
It is hereby acknowledged that the Kearney Comprehensive Plan and amendments thereto are the controlling instruments for changes, amendments and revisions of this Unified Development Code.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
This Unified Development Code shall apply to the land located within the boundaries of Kearney, Missouri.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A. 
Minimum Requirements. The provisions of this Unified Development Code may be regarded as the minimum requirements for the protection of public health, safety, comfort, convenience, prosperity and welfare. These provisions are not intended to abrogate or annul any building permit, certificate of occupancy, variance or other lawful permit issued before the full force and effective date of this Chapter. Any use or occupation of land previously approved as a permitted use shall be permitted to continue as a lawful use or occupation. This Unified Development Code shall not extend the life or scope of any non-conforming use.
B. 
Plat Or Certificate Of Survey Required. Each application for a construction or building permit shall be accompanied by a plat or certificate of survey in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected and such other information as may be necessary to provide for the enforcement of these UDC regulations. A record of applications and plats or certificate of survey shall be kept in the Community Development Department.
C. 
Uses Of Open Land. If any use of open land is established or if any use of open land is changed to another use, such new use shall comply with all the provisions of these UDC regulations, unless permitted under the provisions of Article VII, Non-Conforming Uses.
D. 
Overlapping Regulations. Where the conditions imposed by any provision of this Chapter on the use of land, buildings or structures are more restrictive than comparable conditions imposed by any other laws, ordinances, resolutions, rules or regulations of any kind, the restrictions of this Chapter shall govern.
E. 
Private Agreements. The provisions of this Chapter are not intended to annul or otherwise interfere with any easement, covenant or private legal agreement, except that when the regulations of this Chapter are more restrictive or impose higher standards than private agreements, the regulations of this Chapter shall govern.
F. 
Prohibited Uses. All uses and activities not provided for or addressed by the terms of this Chapter shall be considered to be prohibited uses and activities, unless the City Administrator and/or Community Development Director or his/her authorized representative shall find that the use or activity is consistent and compatible with the provisions of this Chapter.
G. 
Exemptions. The following structures and uses are exempt from the provisions of this Chapter.
1. 
Railroad tracks, signals, bridges and similar facilities located on a railroad right-of-way.
2. 
Public signs.
3. 
Poles, wires, cables, conduits, vaults, lift stations, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephones or other communications, electricity, gas or water, or the collection of sewage or surface water, but not including major utility substations located on or above the surface of the ground. (See Section 405.045(H) for lot size and bulk regulations for utility facilities.)
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A. 
New Structures. All structures built shall comply with all of the provisions of this Unified Development Code. Any structure rebuilt or restored after damage or destruction by fire or other casualty of seventy-five percent (75%) or more of its reasonable value shall be considered to be a structure built, unless these UDC regulations otherwise permit such structures to be rebuilt or restored.
B. 
New Uses Of Old Structures. If a substantial change in use or tenants of any premises or lot results in non-compliance with the provisions of these UDC regulations, then the new use or tenant must comply with the regulations of this Unified Development Code unless otherwise permitted by these provisions. The mere establishment of the new use does not require the existing structure to conform to the lot size requirements or the bulk regulations.
C. 
Structural Alterations. If any structure is structurally altered as defined in these UDC regulations:
1. 
The entire structure as altered shall comply with the use regulations of these UDC regulations.
2. 
Any alterations of, enlargements of or additions to the structure shall comply with the bulk regulations of these UDC regulations, except as permitted by these UDC regulations for non-conforming structures.
3. 
The off-street parking facilities shall not be reduced below or, if already less than, shall not be further reduced below the requirements applicable to a similar new structure or use.
D. 
Moving Structures. No permanent structure shall be moved into the City or from one location to another location within the City unless such structure shall, when relocated, be made to conform fully to these UDC regulations and other codes of the City including any Building Code. No permit shall be issued unless, in the opinion of the Community Development Director or his/her authorized representative, the height, age, architectural style and texture of the materials pertaining to the outward appearance of such structure reasonably conform to other buildings in the block to which it is to be moved and in the block opposite to such an extent that its relocation shall not be detrimental to the appearance or have no substantial adverse effect on property values to the adjacent properties.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A. 
Number Of Structures And Uses On A Zoning Lot.
1. 
Whenever a zoning lot is used for a single-family detached or attached dwelling, two-family dwelling or any type of manufactured or mobile home, only one (1) principal structure and use may be located on the lot, but only when the structure and use conform to all requirements of the district in which the lot is located.
2. 
Whenever a zoning lot is used for other than a residential unit as described in Section 405.045(A)(1) above, more than one (1) principal structure and use may be located on the lot in common ownership, but only when the structures and uses conform to all requirements of the district in which the lot is located.
3. 
Whenever any structures are developed as condominiums, more than one (1) principal structure may be located on the lot; provided, the definition of a condominium is met.
B. 
Annexed Land. All territory which may be annexed into the City of Kearney shall retain the County zoning it had prior to the annexation until lawfully changed by municipal ordinance.
C. 
Dedication Of Rights-of-Way And Easements. The Board of Aldermen, after receiving a recommendation from the Planning and Zoning Commission, may require the dedication of additional street rights-of-way and/or easements for utilities as a condition related to a change in zoning by either requiring that the land be platted or replatted according to any subdivision regulations of the City or, in lieu of platting, by a legal document making such required dedications.
D. 
Electric, Sewer And Water Connections. All principal structures built within the City shall be served by and connected to public electric, sewer and water systems, if such facilities can feasibly be connected as may be determined by the Board of Aldermen.
E. 
Dwellings On Small Lots.
1. 
A dwelling and customary accessory structures may be erected on any single lot of record or on any lot located in a subdivision which has a preliminary plat approved by the Board of Aldermen at the effective date of these zoning regulations, notwithstanding the limitations imposed by other provisions of these UDC regulations. For lots of record, such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
2. 
For this provision only, the minimum lot area may be reduced up to thirty percent (30%).
3. 
For this provision only, the minimum width of the lot of record may be reduced up to twenty percent (20%).
4. 
For this provision only, the minimum depth of the lot of record may be reduced up to ten percent (10%).
5. 
All front, rear and side yard requirements shall be met unless varied by the Board of Adjustment.
6. 
All other requirements of these UDC regulations shall be met.
7. 
If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are lots of record at the effective date of the adoption of these UDC regulations and if all or part of the lots with no dwellings do not meet the requirements established in the district for lot area and width, the lands involved shall be considered to be a lot of record. No portion of the parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements in these UDC regulations.
F. 
Platted Building And Setback Lines. If a recorded subdivision plat imposes a building or setback line in the front yard for a lot which is different from the minimum setback or front yard required by the applicable Section of these UDC regulations, then, notwithstanding any other provision of this Unified Development Code, the minimum setback or minimum front yard shall be the same as that shown on such subdivision plat provided that it has been recorded prior to the effective date of this Chapter and not otherwise been officially vacated.
G. 
Average Setback In Existing Residential Districts.
1. 
On streets where a front yard is more than that required by these UDC regulations and has been maintained for existing structures on lots having a frontage of fifty percent (50%) or more of the total frontage on one (1) side of that portion of the street line between two (2) intersecting streets, there shall be maintained a front yard setback of not less than the average setback of the existing structures; provided that these UDC regulations shall not be interpreted to require a front yard setback of more than fifty (50) feet.
2. 
On streets where a front yard is less than that required by these UDC regulations and has been maintained for existing structures on lots having a frontage of fifty percent (50%) or more of the total frontage on one (1) side of that portion of the street line between two (2) intersecting streets, the front yard setback need not be greater than the average setback of the existing structures; provided that these UDC regulations shall not be interpreted to permit a front yard setback of less than twenty (20) feet.
H. 
Lot Size Requirements And Bulk Regulations For Public Utility Facilities. Notwithstanding any other provision of these UDC regulations, none of the following public utility or public service uses shall be required to comply fully with the lot size requirements and bulk regulations of the zoning district in which they are located, except as may be determined by the Planning and Zoning Commission where a conditional use permit is required in certain districts:
1. 
Electric and telephone substations.
2. 
Gas regulator stations.
3. 
Pumping stations.
4. 
Water towers and standpipes.
I. 
Basements Counted As A Story. A basement is counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A. 
Misdemeanor. A violation of any regulation adopted in this Unified Development Code shall be a misdemeanor and shall be punishable as provided in Section 100.220 General Penalty of the Kearney City Code. Any violation of any provision of these zoning regulations shall be deemed to be an ordinance violation and punishable by a fine of not to exceed one hundred dollars ($100.00) for each ordinance violation and each day's violation shall constitute a separate ordinance violation. If the ordinance violation be deemed willful in nature by a court, the violation shall be deemed to be an ordinance violation punishable by imprisonment for ten (10) days for each ordinance violation and a fine not to exceed two hundred fifty dollars ($250.00). Each day's willful violation shall constitute a separate ordinance violation. Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provisions of the regulations made under authority of this Section in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
B. 
Civil And Other Remedies. The Board of Aldermen, or any person, the value or use of whose property is or may be affected by such violation, shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of these zoning regulations and to prevent unlawful erection, construction or alteration of structures, use of land, occupation of buildings, construction or alteration of structures, abatement of nuisances, failure to obtain permits, sale of land for development purposes without reference to a valid plat or refusal to obey and adhere to a lawful order of the City Administrator and/or Community Development Director or his/her authorized representative. In addition to the enforcement powers and remedies specified in these zoning regulations, the City may institute injunction, mandamus or other appropriate action or proceeding and exercise any and all enforcement powers and remedies granted to it by the State of Missouri.
C. 
Administrative Actions. The City Administrator and/or Community Development Director or his/her authorized representative, upon finding a violation of these UDC regulations (or if a proposed action would constitute a violation), shall have the power to:
1. 
Issue a notice of violation that shall specify the offense, the name of the property owner or agent and/or occupant, the legal description of the property and the remedy. A reasonable time, not less than thirty (30) days, shall be set to correct the violation or to file an appeal.
2. 
Issue a stop work order that commands any person to immediately cease and desist from any unlawful construction, use or alteration of any building or land.
D. 
Filing Of Complaint. Whenever a violation of this Chapter occurs or is alleged to have occurred, any person may file a complaint with the City Administrator and/or Community Development Director or his/her authorized representative stating fully the facts or grounds upon which the complaint is based. The City Administrator and/or Community Development Director or his/her authorized representative shall promptly record and investigate such complaint and take appropriate action as provided in this Chapter.
E. 
Notification Of Violation. Whenever any provision of this Chapter is violated, the City Administrator and/or Community Development Director or his/her authorized representative shall promptly notify in writing the person(s) responsible for the violations. The notification shall contain the nature of the violation and any corrective orders.
F. 
Administrative Remedies. The City Administrator and/or Community Development Director or his/her authorized representative shall have the following remedies without limitations:
1. 
No action. Following any complaint, and after careful consideration, the City may issue a "No Conflict" opinion.
2. 
Informal contact. The City shall have the authority to abate the violation through informal meetings or conversations.
3. 
Agreement to abate. The City may enter into an agreement with a violator to abate or remedy a violation within a period not to exceed six (6) months, unless extended by the Planning and Zoning Commission.
4. 
Permits. The City may refuse to issue any required permits on tracts, parcels or lots cited for active violations of this Chapter.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
For purposes of wholly or partially defraying the costs of the administrative and enforcement provisions described in these UDC regulations, including publication costs, the applicant upon filing an application for a zoning map amendment, appeal, conditional use, concept plan, site plan, variance or appeal, or any other permit required by these UDC regulations, shall pay the City a fee according to the fee schedule approved by the Board of Aldermen.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
If any provisions of these UDC regulations are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, then such provisions shall be considered separately and apart from the remaining provisions of these UDC regulations, so as to be completely severable and the remaining provisions of these UDC regulations shall remain in full force and effect.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The 1997 City of Kearney zoning regulations and all amendments are hereby repealed effective from and after the date of the approval and adoption by the Board of Aldermen.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
This Unified Development Code shall be in full force and effect from and after their adoption by the Planning and Zoning Commission, approval by the Board of Aldermen and adoption of an ordinance incorporating these UDC regulations by reference.