These regulations shall be the official zoning and development ordinance of the City of Liberty, Clay County, Missouri, and shall be known, cited, and referred to as the "Unified Development Ordinance of the City of Liberty, Missouri" and may be abbreviated as the "UDO."

(Ord. No. 8804, § I, 4-11-05)

The purpose of this UDO is to promote the public health, safety, comfort and general welfare of this community. By adopting this UDO, the city council intends to implement the goals, objectives, and principles of the Comprehensive Plan of the City of Liberty, and, in addition, to specifically:

(1)

Manage and reduce congestion in the public streets;

(2)

Establish standards and regulations for the development and use of land;

(3)

Regulate the density and intensity of land use, and determine the area of open spaces within and surrounding development;

(4)

Require reasonable site improvements to, among other objectives, manage site access, control erosion and stormwater runoff and preserve and develop general neighborhood character;

(5)

Conserve and protect the beauty, heritage and character of the city;

(6)

Foster appropriate uses of land that reflect sustainable growth and development;

(7)

Create an attractive and desirable place to live, work and engage in recreation; and

(8)

Prescribe penalties for the violation of the provisions of this UDO.

(Ord. No. 8804, § I, 4-11-05)

In enacting this UDO for the zoning and development of land, the city is exercising its constitutional home rule power pursuant to Article VI, section 19(a) of the Constitution of the State of Missouri, including, but not limited to, the authority granted in Article III of the Special Charter of the City of Liberty; and the authority granted in Article X, section 22 of the Constitution of the State of Missouri; and all other powers derived from the Constitution and the laws of the State of Missouri, including those powers explicitly granted by and necessarily implied from Chapter 89 of the Missouri Revised Statutes.

(Ord. No. 8804, § I, 4-11-05)

The use of buildings and land within the City of Liberty shall be subject to all applicable provisions of the City Code and other ordinances, as well as this UDO, whether or not those other provisions of the City Code are specifically cross-referenced in this UDO. Cross-reference to other provisions of the City Code in this UDO are for the convenience of the reader; lack of a cross-reference should not be construed as an indication that other provisions of the City Code do not apply.

The provisions of this UDO shall be construed to be the minimum requirements necessary for the promotion of health, safety or the general welfare. Where comparable provisions between this UDO and any other ordinance or regulation exists, the more restrictive standards or requirements shall govern.

(Ord. No. 8804, § I, 4-11-05)

It is the intention of this UDO to implement the goals, principles, and objectives adopted by the city, as reflected in the comprehensive plan. While the city reaffirms its commitment that the provisions of this UDO and any amendment made to this UDO shall be in conformity with adopted planning policies, the city acknowledges its intent that neither this UDO nor any amendment of this UDO may be challenged merely on the basis of an alleged nonconformity with the comprehensive plan.

(Ord. No. 8804, § I, 4-11-05)

The provisions of this UDO may be supplemented from time to time by design guidelines and other planning policies, as adopted by a resolution of city council. These guidelines and policies shall be considered as an aid in the interpretation or implementation of the provisions of this UDO and shall be considered as policy and may be modified, as deemed appropriate, to accomplish higher quality development design. In the event of a conflict between a design guideline or policy and any provision of this UDO, the provision of this UDO shall control over a guideline or policy.

(Ord. No. 8804, § I, 4-11-05)

This UDO shall not invalidate any easement, covenant, or other private agreement. Where these regulations and any easement, covenants, or other private agreements are in conflict, the more restrictive standards or requirements shall govern.

(Ord. No. 8804, § I, 4-11-05)

No building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose, except in accordance with the provisions of this UDO and other relevant city ordinances. Further, no person may use, occupy, or sell any land or building or authorize or permit the use, occupancy, or sale of land or buildings, except in accordance with all of the applicable provisions of this UDO and other relevant city ordinances.

(Ord. No. 8804, § I, 4-11-05)

Any person who shall commit, assist in, or allow the existence of any violation of this UDO shall be guilty of a misdemeanor and punished as provided in section 22-70 of the City Code. For each and every day that a violation continues, it shall be deemed a separate offense, and punishable as a separate misdemeanor upon conviction.

The City of Liberty, Missouri retains the right, under the authority conferred by this UDO, to prevent the occupancy or use of any structure or land to prevent an illegal act or use on those premises. In any case where a structure or land is used in violation of this UDO or any other regulation, the city may institute any appropriate action or proceedings to prevent construction, reconstruction, alteration, repair, conversion, maintenance or other use of that structure or land.

(Ord. No. 8804, § I, 4-11-05)

The city shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this UDO and to abate nuisances maintained in violation thereof. In the event that any building or structure is proposed to be erected, constructed, altered, converted or maintained in violation of this UDO or any building, structure or land is proposed to be used in violation of this UDO, the director, or other appropriate authority of the city, may take appropriate action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate that violation or to prevent the occupancy of that building, structure or land.

In addition to the enforcement powers and remedies specified in this UDO, the city may exercise any and all enforcement powers and remedies granted to it by the State of Missouri, or the General Charter of the City of Liberty, as that authority may be amended from time to time.

(Ord. No. 8804, § I, 4-11-05)

If the director or an authorized agent of the city makes a reasonable determination that any violation of this UDO may constitute an emergency situation, the city may immediately use the enforcement powers and remedies available to it. No notification procedures are required as a prerequisite to that action.

(Ord. No. 8804, § I, 4-11-05)

The city may deny or withhold processing and action on all permits, certificates, approvals or other authorizations related to any building, structure or land, or improvements if there is a violation of any provision of this UDO or of a condition of a permit, certificate, approval or other authorization previously granted by the city. The city may, instead of withholding or denying an authorization, grant the requested authorization subject to the condition that the violation be corrected. The provisions of this subsection shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

(Ord. No. 8804, § I, 4-11-05)

The city may stop work on any development, building, or structure on any land on which there is a violation of a provision of this UDO or a violation of a condition of a permit, certificate, approval or other authorization previously granted by the city.

(Ord. No. 8804, § I, 4-11-05)

In the case of violations not involving continuing construction or development or any emergency situation, the city shall give written notice of the violation to the owner, occupant or agent of the property at the last known address. The contents of the notice shall contain a description of the violation that would allow the owner, occupant or agent of the property to remediate the violation. The notice shall be personally served or sent by certified mail, return receipt requested. Failure to sign for the certified mail or failure to retrieve the notice from the post office shall not be deemed a lack of notice.

(Ord. No. 8804, § I, 4-11-05)

(1)

All violations of prior zoning or other regulations of the city, existing on the effective date of this UDO, shall continue to be violations and shall not be considered to be legal nonconforming situations under this UDO. The city shall have the same authority to secure civil remedies for violations of those regulations to the same extent that it may secure civil remedies for violations of this UDO.

(2)

All permits, applications, certificates and other authorizations submitted or approved prior to the effective date of this UDO shall be governed by the regulations in effect at the time of the submission or approval.

(Ord. No. 8804, § I, 4-11-05)

All fees shall be paid in accordance with the schedule of fees on file and available in the department of planning and development.

(Ord. No. 8804, § I, 4-11-05)

It is the intention of the City of Liberty that these regulations are separable; therefore the invalidity of any section, clause, provision or portion of this UDO or its applicability shall not affect the validity of any other portion of this UDO and its applicability.

(Ord. No. 8804, § I, 4-11-05)

All ordinances and parts of ordinances in conflict with the provisions of this UDO, except as otherwise specifically provided herein, are repealed.

(Ord. No. 8804, § I, 4-11-05)

The city clerk is directed to note the fact of the passage of this UDO on all ordinances affected.

(Ord. No. 8804, § I, 4-11-05)

This UDO shall be in full force and effect upon passage by the city council and approval by the mayor.

(Ord. No. 8804, § I, 4-11-05)