Kearney City Zoning Code
ARTICLE II
Administration, Review Authority and Permits
Section 405.075 Community Development Department.
[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.
Section 405.080 Planning and Zoning Commission.
[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.
Section 405.085 Board of Adjustment.
[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.
Section 405.090 Permits. [1]
[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.