1.1.1

General: For the purpose of promoting health, safety, morals or the general welfare of the community, the City of Sunset Hills Unified Development Ordinance, in accordance with the Revised Statutes of Missouri, provides for the following:

1)

To regulate and restrict the height, number of stories, and size of buildings and other structures;

2)

To regulate and restrict the percentage of lot that may be occupied;

3)

To regulate and restrict the size of yards, courts, and other open spaces;

4)

To regulate and restrict the density of population;

5)

To regulate and restrict the location and use of buildings, structures and land for trade, industry, residence, or other purpose; and

6)

To establish other regulations of land use and development that is consistent with the statutory authority afforded to the City of Sunset Hills so as to promote the public health, safety, morals, and general welfare of the City.

1.1.2

Comprehensive plan: The Unified Development Ordinance is designed to be consistent with policies of the comprehensive plan as adopted by the City, and as may be amended from time to time, and further is designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve features of historical significance; to facilitate the adequate provision of transportation, water sewerage, schools, parks, and other public requirements.

Except as otherwise provided for in Section 11, "Non-conforming Situations," all structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocation of structures occurring hereafter, and all enlargements or additions to existing uses occurring hereafter shall comply with the regulations of this Ordinance.

(Ord. No. 2356, § 1, 5-14-2024)

The provisions of this Ordinance shall be considered the minimum requirements for the promotion of the public health, safety, morals, and general welfare. Wherever the regulations of this Ordinance require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations of this Ordinance shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations of this Ordinance, the provisions of such statute or local ordinance or regulation shall govern.

1.4.1

Legislative intent: It is hereby declared to be the legislative intent that:

1)

If a court of competent jurisdiction finds any provisions of this Ordinance to be invalid or ineffective in whole or in part, the effect of such decisions shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Ordinance shall continue to be separately and fully effective.

2)

If a court of competent jurisdiction finds the application of any provision or provisions of this Ordinance to any lot, building or structure to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations, shall not be affected.

3)

While any provision or provisions of this Ordinance or application of any provision or provisions of this Ordinance to any lot, building or structure is before a court of competent jurisdiction, all other provisions of this Ordinance and all other applications of the provisions of this Ordinance to other lots, buildings or structures shall continue to be separately and fully effective.

Ordinance number 1516, adopted November 12, 2002, approving the zoning regulations contained in Appendix B of the Code of Ordinances of the City of Sunset Hills, and any other ordinance amending said Appendix B are hereby repealed, except for any ordinance approving a preliminary or final development plan under the provisions of Section 4.10 (Planned Development) of said zoning regulations. Said zoning regulations are set forth herein as "Appendix A, Planned Development".

Ordinance number 1077 adopted May 4, 1993, approving the zoning regulations contained in Appendix A of the Code of Ordinances of the City of Sunset Hills, and any other ordinance amending said Appendix A are hereby repealed.

Nothing in this Ordinance shall be deemed to require any change in the plans, construction or designated use of any buildings or structures upon which actual construction has been approved or was lawfully begun prior to the adoption of this Ordinance and upon which buildings or structures actual construction has been diligently carried on, and provided further that such buildings or structures shall be completed within two years from the date of passage of this Ordinance.

Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building declared unsafe by the zoning enforcement officer or where required by any lawful order.

All rights or remedies of the City are expressly saved as to any and all violations of any previous zoning ordinance or amendments thereto, at the time of the effective date of this Ordinance or amendments thereto and the prosecutions of such violations shall not be abated by the enactment of this Ordinance or amendments thereto.