[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.
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.
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.