[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Community Development Director. The Community Development
Director is designated as head of the City of Kearney Community Development
Department and shall be responsible for administering the provisions
of this Unified Development Code.
B.
Delegation Of Authority. The Community Development Director
may designate any staff member to represent the Director in any function
assigned by this Unified Development Code. The Director shall remain
responsible for any final action.
C.
Powers And Duties. The Community Development Director or
his/her authorized representative shall have the following powers
and duties:
1.
Make studies of the area within the planning jurisdiction and surrounding
areas.
2.
Determine objectives to be sought in the development of the study
area.
3.
Prepare plans for achieving these objectives.
4.
Develop and recommend policies, ordinances, administrative procedures
and other means for carrying out plans in a coordinated and efficient
manner.
5.
Advise the Planning and Zoning Commission and Board of Aldermen concerning
means for carrying out plans or amending plans.
6.
Administer the zoning and subdivisions regulations contained in the
Unified Development Code.
7.
Exercise any functions in the administration and enforcement of various
means as directed by the Board of Aldermen or City Administrator.
8.
Develop, approve and implement the design guidelines and standards
as contained in the Comprehensive Plan and the Unified Development
Code.
9.
Develop, approve and implement administrative procedures to implement
the provisions of this Unified Development Code.
10.
Maintain records of all official actions to administer and implement
the Unified Development Code including, but not limited to, rezonings,
conditional uses, temporary uses, sign permits, site plans, occupancy
permits, variances and appeals.
11.
Maintain the official zoning map.
13.
Investigate all complaints made relating to the location of structures
and the use of structures and lands, give notice of all violations
of this UDC to the owner, resident, agent or occupant of the premises
and report uncorrected violations to the City Attorney.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Membership And Compensation. The membership shall include
the Mayor, if the Mayor chooses to be a member, a member of the Board
of Aldermen selected by the Board, if the Board chooses to have a
member serve on the Commission. The Mayor shall select six (6) members
from the public at large with the approval of the Board of Aldermen.
All members of the Commission shall serve without compensation.
B.
Term. The term of each of the members appointed by the Mayor
shall be four (4) years except the first (1st) five (5) appointed
by the Mayor shall serve for varying periods so that succeeding terms
will be staggered. At the first (1st) meeting of the Commission, the
five (5) members shall draw straws to determine the terms of each.
The first (1st) term shall be for one (1) year, one (1) for two (2)
years, one (1) for three (3) years and two (2) for four (4) years.
C.
Vacancy. Any vacancy in the membership of the Commission
of those appointed by the Mayor shall be filled by the Mayor with
the approval of the Board of Aldermen for the unexpired term of the
member vacating his/her post.
D.
Officers. At the first (1st) meeting of the Commission and
in the month of June of subsequent years, it shall elect from the
members appointed by the Mayor one (1) as a Chairperson and one (1)
as the Secretary. Such officers shall serve for one (1) year and shall
be eligible for re-election.
E.
Meetings Rules And Record. The Commission shall hold regular
meetings and special meetings as provided by rules to be adopted by
the Commission. The Commission shall keep a record of its proceedings
which shall be public records of the City of Kearney.
F.
Quorum. A majority of the membership of the Commission shall
constitute a quorum for the transaction of business.
G.
Removal For Cause. The Board of Aldermen may remove any
citizen member for cause stated in writing and after a public hearing.
H.
Powers. The Planning and Zoning Commission shall have and
perform all the functions of the Zoning Commission described in Chapter
89, RSMo.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Organization.
1.
Membership. The Board of Adjustment is created and
established in accordance with the provisions of Section 89.080, RSMo.,
and amendments thereof. The Board of Adjustment shall consist of five
(5) residents of the municipality appointed by the Mayor and approved
by the Board of Aldermen.
2.
Term. Of the members first appointed, one (1) shall
serve for one (1) year, one (1) shall serve for two (2) years, one
(1) shall serve for three (3) years, one (1) shall serve for four
(4) years and one (1) shall serve for five (5) years. Thereafter,
members shall serve for terms of five (5) years each. Vacancies shall
be filled by appointment for the unexpired term. Members shall be
removed for cause by the Mayor and Board of Aldermen upon written
charges and after public hearing. Three (3) alternate members may
be appointed to serve in the absence of or disqualification of the
regular members.
3.
Compensation. All members of the Board of Adjustment
shall serve without compensation.
4.
Officers. The Board of Adjustment shall elect one
(1) of its members as Chairperson who shall serve for one (1) year.
5.
Rules of procedure. The Board of Adjustment shall
adopt rules in accordance with the provisions of the ordinance creating
and establishing such Board. The presence of four (4) members shall
be necessary to constitute a quorum.
6.
Meetings. Meetings of the Board of Adjustment shall
be held at the call of the Chairman and at such other times as said
Board may determine. Such Chairman, or in his/her absence the Acting
Chairman, may administer oaths and compel the attendance of witnesses.
The Board of Adjustment shall keep minutes of its proceedings, showing
evidence presented, findings of fact, decisions of said Board and
the vote upon each question. All meetings shall be open to the public.
All testimony, objections thereto and rulings thereon shall be taken
down by a reporter employed by the Board for that purpose.
7.
Records. Records of all official actions of the
Board of Adjustment shall be immediately filed at the office of the
City Clerk and shall be open to public inspection during reasonable
office hours.
B.
Powers. The Board of Adjustment shall have the following
powers:
1.
To hear and decide appeals where it is alleged there is error in
an order, requirement, decision or determination made by an administrative
official in the enforcement of this Article.
2.
To hear and decide all matters referred to it or upon which it is
required to pass under the provisions of this Article.
3.
In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter
of this Article, to vary or modify the application of any of the regulations
or provisions of this Article relating to the construction or alteration
of buildings or structure or the use of land, so that the spirit of
the Article shall be observed, public safety and welfare secured and
substantial justice done.
C.
Hearings.
1.
The Board of Adjustment shall fix a reasonable time for the hearing
of the appeal, giving public notice thereof, as well as due notice
to the parties in interest and decide the same within a reasonable
time.
2.
A copy of said notice shall be mailed to each party in interest.
Upon the hearing any party may appear in person or by agent or by
attorney.
D.
Appeals.
1.
Appeals to the Board of Adjustment may be taken by any person aggrieved,
any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person or by any officer of the City or any governmental
agency or body affected by any decision of the officer administering
the provisions of these zoning regulations.
2.
Such appeal shall be taken within fifteen (15) days, as provided
by the rules of the Board of Adjustment, by filing with the officer
from whom the appeal is taken and with the Board a notice of appeal
specifying the grounds thereof and the payment of the fee required.
3.
The officer from whom the appeal is taken, when notified by the Board
of Adjustment or its agent, shall forthwith transmit to said Board
all the papers constituting a record upon which the action appealed
from was taken.
4.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to
the Board of Adjustment, after the notice of appeal shall have been
filed with him/her, that by reason of the facts stated in the certificate
a stay would, in his/her opinion, cause imminent peril to life or
property. In such case proceedings shall not be stayed otherwise than
by a restraining order which may be granted by the Board or by a court
of record on application on notice to the office from whom the appeal
is taken and on due cause shown.
E.
Variances.
1.
In specific cases, the Board of Adjustment may grant a variance from
the specific terms of these zoning regulations which will not be contrary
to the public interest and where, owing to special conditions, a literal
enforcement of the provisions of the same will, in an individual case,
result in unnecessary hardship or practical difficulties and provided
that the spirit of these zoning regulations shall be observed, public
safety and welfare secured and substantial justice done.
2.
A request for a variance may be granted in such case upon a finding
of the Board of Adjustment that all of the following conditions have
been met:
a.
The variance requested arises from such condition which is unique
to the property in question and which is not ordinarily found in the
same zoning district and is not created by an action or actions of
the property owner or the applicant;
b.
The granting of the variance will not adversely affect the rights
of adjacent property owners or residents;
c.
The strict application of the provisions of these zoning regulations
of which variance is requested will constitute unnecessary hardship
or practical difficulties upon the property owner represented in the
application;
d.
The variance desired will not adversely affect the public health,
safety, morals, order, convenience, prosperity or general welfare;
and
e.
Granting the variance desired will not be opposed to the general
spirit and intent of these zoning regulations.
F.
Determination Of Board Of Adjustment.
1.
In exercising the foregoing powers, the Board of Adjustment, in conformity
with the provisions of this Section, may reverse or affirm, wholly
or partly, or may modify the order, requirement, decision or determination
as ought to be made and to that end shall have all the powers of the
officer from whom the appeal is taken, may attach appropriate conditions
and may issue or direct the issuance of a permit.
2.
The concurring vote of four (4) members of the Board shall be necessary
to reverse the order, requirement, decision or determination of any
such administrative official or to decide in favor of the applicant
on any matter upon which it is required to pass under this Article
or to effect any variation in this Article.
3.
Any person or persons jointly or severally aggrieved by any decision
of the Board of Adjustment, any neighborhood organization as defined
in Section 32.105, RSMo., representing such person or persons or any
taxpayer or any officer, department, board or bureau of the municipality
may present to the Circuit Court a petition, duly verified, setting
forth that such decision is illegal, in whole or in part, specifying
the grounds of the illegality. Such petition shall be presented to
the court within thirty (30) days after the filing of the decision
in the office of the Board.
4.
Upon the presentation of such petition, the court may allow a writ
of certiorari directed to the Board of Adjustment and shall prescribe
therein the time within which a return thereto must be made and served
upon the realtor's attorney, which shall not be less than ten (10)
days and may be extended by the court. The allowance of the writ shall
not stay proceedings upon the decision appealed from, but the court
may, on application, on notice to the Board and on due cause shown,
grant a restraining order.
5.
The Board of Adjustment shall not be required to return the original
papers acted upon by it, but it shall be sufficient to return certified
or sworn copies thereof or of such portions thereof as may be called
by or such writ. The return shall concisely set forth such other facts
as may be pertinent and material to show the grounds of the decision
appealed from and shall be verified.
6.
If, upon the hearing, it shall appear to the court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to take such evidence as it may direct
and report the same to the court with his/her findings of fact and
conclusions of law, which shall constitute a part of the proceedings
upon which the determination of the court shall be made. The court
may reverse or affirm, wholly or partly, or may modify the decision
brought up for review.
7.
Cost shall not be allowed against the Board unless it shall appear
to the court that it acted with gross negligence or in bad faith or
with malice in making the decision appealed from.
8.
All issues in any proceeding under this Section shall have preference
over all other civil actions and proceedings.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Purpose. The purpose of this Section is to provide procedures
under which any construction or alteration of a building or structure
and any new use of land or a building shall be cleared with the Community
Development Department to make certain that it is in compliance with
this Unified Development Code. The intent is to coordinate procedures
and permits established in the Building Code, and administered by
the Building Inspector, with the review and approval by the Director
of Community Development to avoid unnecessary administrative duplication.
B.
Excavation Permit. No person shall make or cause to be made any excavation in any public right-of-way unless the owner, contractor or the duly authorized agent of either shall have first applied for and received from the Building Inspector an excavation permit. See Chapter 510, Article II of the Municipal Code of Kearney.
C.
Building Permit.
1.
Authority. No building, structure or parking lot shall be constructed, erected, altered or remodeled nor shall any such work be commenced upon any lands zoned under these regulations unless the owner, contractor or the duly authorized agent of either shall have first applied for and received from the Building Inspector a building permit. Except for a parking lot, a building permit shall not be required for construction not exceeding eighteen (18) inches in height which is located in the side or rear yard. See Chapter 500, Article I Building Codes and Building Permits of the Municipal Code of Kearney.
2.
Conformance with Unified Development Code. No building
permit shall be issued for any building or structure unless the same
be in conformity in every respect with all the provisions of this
Unified Development Code unless otherwise set out.
b.
Site plan exceptions.
(1)
New one- and two-family structures. An application
for single-family and duplex building permits shall include a plot
plan of the site to be built upon. The plot plan shall be sealed by
a land surveyor licensed in the State of Missouri. The following information
must be shown on the plot plan and will be reviewed prior to the issuance
of a building permit:
[Ord. No. 1361-2018, 3-19-2018]
(a)
Complete legal description and lot dimensions of the site.
(b)
Scale of the drawing (not to exceed one (1) inch equals thirty
(30) feet).
(c)
Location and complete dimensions of the proposed building foundation,
including dimensions to all property lines (dimensions shall be perpendicular
to the property line). All front, side and rear yards, setbacks and
building lines must be shown.
(d)
Delineation of any applicable FEMA 100-year (1% annual chance
flood) or 500-year (0.2% annual chance flood) flooplain area. If any
portion of the site is located within the FEMA 100-year floodplain,
the elevation of the low opening must be shown.
(e)
The size and location of all new construction and all existing
structures on the site including but not limited to public or private
easements, distances from lot lines, established street grades, existing
and proposed finished grades, drainage swales and proposed storm water
drainage flow patterns for the site.
(f)
Flow patterns for areas five (5) feet adjacent to property lines
of the site.
(g)
Proposed finished grades and storm water drainage flow patterns
for the site shall conform to the Master Drainage Plan for the development
unless otherwise approved by the Building Official.
(h)
All decks, balconies, overhangs, or other building protrusions
shall be indicated and dimensioned.
(i)
In the case of partial demolitions, the plot plan shall show
all construction to be demolished and the location and size of all
existing structures and construction that are to remain on the site
of the plot.
(j)
Additional information as may be required to properly review
the proposed plot plan. The Building Official is authorized to waive
or modify the requirement for a plot plan when the application for
permit is for alteration or repair and does not affect the exterior
features of the building.
3.
Filing procedure. Applications for building permits
shall be filed with Building Inspector upon forms prescribed setting
forth the legal description of the lot, tract or parcel of land, together
with a general description of the building or structure to be constructed,
erected or altered thereon, including the size and shape, square foot
area, principal material of construction, location of the building
or structure upon the lot, tract or parcel and the intended use.
A complete application for a building permit includes approval
of all requirements of these Unified Development Code regulations,
including a plot plan and a site plan. In addition, the applicant
shall pay any fees required by the Board of Aldermen.
D.
Certificate Of Occupancy Permit. No vacant land shall be
occupied or used except for agricultural uses and no building hereafter
erected or structurally altered shall be occupied or used until a
certificate of occupancy shall have been issued by the Building Inspector.
Certificate of occupancy shall state that the building or proposed
use of a building or land complies with all the building and health
laws and ordinances and with the provisions of these regulations.
A record of all certificates shall be kept on file in the office of
the Building Inspector and copies shall be furnished on request to
any person having a proprietary or tenancy interest in the building
affected.
E.
Certificate Of Occupancy For A Building. Certificate of
occupancy for a new building or the alteration of an existing building
shall be applied for in writing coincident with the application for
a building permit and shall be issued within ten (10) days after the
erection or alteration of such building or part thereof shall have
been completed in conformity with the provisions of these regulations.
Pending the issuance of a regular certificate, a temporary certificate
of occupancy may be issued by the Building Inspector for a period
not exceeding six (6) months, during the completion of alterations
or during partial occupancy of a building pending its completion.
Such temporary certificate shall not be construed as in any way altering
the respective rights, duties or obligations of the owners or of the
City relating to the use or occupancy of the premises or any other
matter covered by this Section and such temporary certificate shall
not be issued except under such restrictions and provisions as will
adequately insure the safety of the occupants.
1.
Certificate of occupancy for land. Certificate of
occupancy for the use of vacant land or the change in the character
of the use of land as herein provided shall be applied for before
any such land shall be occupied or used and a certificate of occupancy
shall be issued within ten (10) days after the application has been
made, provided such use is in conformity with the provisions of these
regulations.
2.
Certificate of occupancy for a non-conformed use. A certificate of occupancy shall be required for all non-conforming
uses. Application for certificate of occupancy for non-conforming
uses shall be filed within twelve (12) months from the effective date
of this Section, accompanied by affidavits of proof that such non-conforming
use was not established in violation of this Section.
