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:

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.

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.

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.

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.

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.

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.

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.

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.

Exemptions. The following structures and uses are exempt from the provisions of this Chapter.

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.

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.

Structural Alterations. If any structure is structurally altered as defined in these UDC regulations:

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.

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.

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.

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.

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.

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:

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.

Misdemeanor. Pursuant to Section 89.120, RSMo., a violation of any regulation adopted in this Unified Development Code shall be a misdemeanor punishable by a fine not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each day such violation continues. Second and subsequent offenses involving the same violation at the same building or premises shall be punishable by imprisonment for ten (10) days for each day that such violation continues, a fine not to exceed two hundred fifty dollars ($250.00) for each day that such violation continues, or by both such fine and imprisonment in the discretion of the Court.

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.

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:

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.

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.

Administrative Remedies. The City Administrator and/or Community Development Director or his/her authorized representatives shall have, but are not limited to, the following remedies: