[Zoning Order §1.010, 4-2-2008]
A.
This
order shall be known and may be cited as the Unified Development Order
of Jefferson County, Missouri (the County) and may be abbreviated
as "UDO". The words "these regulations" mean this UDO.
B.
The
Zoning Order adopted on May 8, 1991, as amended, and Subdivision Regulations
adopted on February 25, 1988, as amended, are hereby repealed. All
other ordinances, orders, amendments or resolutions or parts thereof
in conflict with this UDO shall be decided in favor of this UDO.
[Zoning Order §1.020, 4-2-2008; Ord.
No. 16-0100 §2, 1-4-2016]
A.
This
UDO is adopted pursuant to the Home Rule Charter of Jefferson County,
Missouri, the authority contained in Chapters 64 and 445, RSMo., as
amended, pursuant to the County’s nuisance powers including,
but not limited to, those granted by Section 305.575, RSMo., as amended,
and pursuant to the County’s Police powers.
B.
To the extent that the provisions of this UDO are more specific than, or are inconsistent with those sections of the Revised Statutes of the State of Missouri set forth in Section 400.020(A) above, the provisions of this UDO shall be controlling.
[Zoning Order §1.030, 4-2-2008]
This UDO shall be effective throughout the unincorporated areas
of the County. Except where otherwise indicated, the provisions of
this UDO shall apply to the County and all of its departments and
divisions. Throughout this UDO, unless otherwise noted, Governing
Body means the County Council of Jefferson County, Missouri.
[Zoning Order §1.040, 4-2-2008]
A.
The
purpose of this UDO is to regulate and control the development of
land and matters relating thereto within the County to promote the
public safety, health and general welfare of the community and to
implement the Jefferson County Official Master Plan (hereinafter called
Official Master Plan) as now in effect and as it may be amended from
time to time. The provisions of this UDO are designed to promote:
1.
A strong and positive civic image and identity based on a high quality
living and working environment, an attractive physical setting and
responsive County services and programs;
2.
A quality oriented living environment that provides appropriate community
amenities, supports the local population, is adaptable to market demands
for diverse types and styles of residential living, accommodates future
growth, is affordable for all segments of the population and maintains
and improves the overall quality and character of the County;
3.
Orderly and sustainable growth based on efficient and environmentally
responsible development patterns that promote alternate modes of transportation;
4.
A system of quality retail and commercial development and clean industry
that provide local residents with needed goods and services and enhances
the County's tax base;
5.
Quality employment opportunities for all segments of the population,
thereby enhancing the economy of Jefferson County;
6.
A balanced physical relationship between land use and transportation
and among the Official Master Plan recommendations for employment
opportunities, residential living, goods and services and reduced
dependence on the automobile;
7.
A balanced transportation system that provides for safe and efficient
movement of vehicles and pedestrians while re-enforcing surrounding
land development patterns and that enhances and complements regional
transportation facilities;
8.
An expanded park, recreation and open space system that satisfies
the recreational and leisure needs of local residents, preserves the
natural environment and enhances the quality and character of the
County;
9.
A balance between the natural and manmade environments that preserves
and protects natural resources and wildlife habitat while promoting
development and redevelopment;
10.
The protection and preservation of existing properties and values
from adverse or non-harmonious adjacent property uses;
11.
The timely provision of public facilities and services adequate to
meet the needs generated for such facilities and services by development;
12.
The protection and preservation of historic properties, structures,
landmarks and districts and significant archaeological sites; and
13.
Communications and understanding among the County, developers, builders
and citizens regarding development standards and procedures.
14.
To prevent the development of land which might pose a threat to the
health, safety or general welfare of the community or the occupants
of land in the particular area of the County.
[Zoning Order §1.050, 4-2-2008]
A.
Cross References. The use of buildings and land within the
County is subject to all other applicable County laws as well as this
UDO, whether or not the other laws are specifically cross-referenced
in this UDO. Cross references to other provisions of County laws in
this UDO are for the convenience of the reader and the lack of a cross
reference should not be construed as an indication that other provisions
do not apply.
B.
UDO Provides Minimum Requirements. In interpreting and applying
the provisions of this UDO, each provision shall be construed to be
the minimum requirements necessary for the promotion of public health,
safety or the general welfare, except where noted otherwise. Whenever
this UDO requires a lower height of a building or lesser number of
stories or requires a greater percentage of the lot to be left unoccupied
or imposes more restrictive standards than are required pursuant to
any other Statute or local regulation, this UDO shall govern.
[Zoning Order §1.060, 4-2-2008]
It is the intention of the County that this UDO implement the
planning policies adopted for the County as reflected in the Official
Master Plan, as amended, and other planning documents. While the County
reaffirms its commitment that this UDO and any amendment thereto be
in conformity with adopted planning policies, the County hereby expresses
its intent that neither this UDO nor any amendment thereto may be
challenged merely on the basis of an alleged non-conformity with the
Official Master Plan or any other adopted planning policy.
[Zoning Order §1.070, 4-2-2008]
The provisions of this UDO are not intended to affect any deed
restriction, covenant, easement or any other private agreement relating
to or restricting the use of land. Where the provisions of this UDO
are more restrictive than any private restriction, the requirements
of this UDO shall control. Where the provisions of any private restriction
are more restrictive than the provisions of this UDO, the private
restrictions shall control, if properly enforced by a person having
the legal right to enforce the restrictions. The County shall not
enforce private restrictions.
[Zoning Order §1.080, 4-2-2008]
A.
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 provision of this UDO
and other relevant County laws.
B.
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
County laws.
For purposes of this Section, the "use" or "occupancy" of a
building or land relates to anything and everything that is done to,
on or in that building or land.
C.
The
density and yard requirements of this UDO are the minimum regulation
for each and every building or structure constructed after the effective
date of this UDO and for any building or structure hereafter constructed
or structurally altered. No land required for yards or other open
spaces around an existing building or any building hereafter erected
or structurally altered shall be considered a yard or lot area for
more than one (1) building.
[Zoning Order §1.090, 4-2-2008]
A.
It
shall be the policy of the County that no application for conditional
use permit, site development plan, improvement plan, planned development,
development plan or preliminary or final plat shall be approved unless
facilities and services which are adequate to serve the proposed development
are either:
[Zoning Order §1.100, 4-2-2008]
All lots created after the effective date of this UDO shall
front upon a public street, a private street or contain other legal
access to a street and no building shall be hereafter erected or constructed
except upon such lot, unless within an approved planned development.
[Zoning Order §1.110, 4-2-2008]
The provisions of this UDO are hereby adopted and become effective
on April 2, 2008.
[Zoning Order §1.120, 4-2-2008]
A.
Previously Existing Regulations. Those regulations in effect
immediately prior to the effective date of this UDO shall be referred
to in this UDO as the "previously existing regulations". This UDO
shall be referred to either as "these regulations" or the UDO.
B.
Administrative Permits. All permits issued by an administrative official or body or a legislative body acting in an administrative capacity, prior to the effective date of this UDO, shall be valid until their expiration under the previously existing regulations. Applications for administrative permits submitted after the effective date of these regulations shall be reviewed and evaluated pursuant to the requirements of this UDO, except as further specified in Article XV. The Director of County Services and Code Enforcement or designee is hereinafter called Director.
C.
Subdivision. Complete applications for preliminary plat(s)
submitted prior to the effective date of these regulations shall be
processed under the previously existing regulations. Incomplete applications
for preliminary plats submitted prior to the effective date of this
UDO, and that are not submitted in a complete form until after the
effective date of this UDO, shall be processed under this UDO. All
applications for subdivision approvals submitted after the effective
date of these regulations shall be reviewed pursuant to these regulations.
Preliminary or final plat applications approved under the previous
regulations, that are allowed to lapse or expire, will be subject
to reapplication under these regulations.
D.
Zoning.
1.
Existing uses may continue either in compliance with these regulations or as lawful non-conforming uses subject to the requirements of Article XV.
2.
Existing lots that do not comply with the requirements of these regulations may be developed pursuant to the requirements of Article XV.
3.
Applications for proposed new uses submitted after the effective
date of this UDO shall be considered pursuant to these regulations.
E.
Conditional Use Permits. The Director shall monitor all outstanding conditional use permits issued under the previously existing regulations and prior to expiration of an existing conditional use permit (if an expiration exists), the permit holder may, if required under this UDO, apply for a conditional use permit as set forth in Article IV.
[Zoning Order §1.130, 4-2-2008]
All violations under the previously existing regulations that exist within the County as of the effective date of this UDO shall continue to be violations and shall not be considered to be lawful, non-conforming situations under this UDO. The County shall have the authority to secure remedies for violations of those regulations to the same extent that it may secure similar remedies for violations of this UDO pursuant to Section 400.140.
[Zoning Order §1.140, 4-2-2008]
A.
Any
owner, lessee or tenant of land who shall lay out and improve any
subdivision of land or who shall construct, reconstruct, alter, relocate
or maintain any building or other structure or use the land in violation
of these regulations shall be guilty of a misdemeanor and shall be
punished by a fine not to exceed one thousand dollars ($1,000.00)
or one (1) year imprisonment, or both. Each and every day that such
violation continues shall constitute a separate offense.
B.
The
Director shall have power to cause any land, building, structure,
place or premises to be inspected and examined and to order, in writing,
the remedying of any condition found to exist therein or thereat in
violation of these regulations.
C.
Any
owner, lessee or tenant who, having been served with a written order
signed by the Director of County Services and Code Enforcement to
correct or remove any violation of the previous regulations or this
UDO, shall fail to comply with the order within ten (10) days after
service or who shall continue to violate any of these regulations
in the respect named in the order shall be guilty of a misdemeanor
and shall be punished by a fine not to exceed one thousand dollars
($1,000.00) or one (1) year imprisonment, or both. Each and every
day that the violation continues shall constitute a separate offense.
D.
The
owner or authorized general agent of any land, building, structure
or premises where a violation of any orders, ordinances, regulations
or restrictions has been committed or shall exist or the lessee or
tenant of any entire building or entire premises where the violation
has been committed or shall exist or the owner, general agent, lessee
or tenant of any part of the building or premises in which the violation
has been committed or shall exist or the owner, authorized general
agent, architect, builder or contractor or any other person who knowingly
commits, takes part or assists in the violation or who maintains any
building or premises in which any violation exists shall be guilty
of a misdemeanor and shall be punished by a fine not to exceed one
thousand dollars ($1,000.00) or one (1) year imprisonment, or both.
Each and every day that such violation continues shall constitute
a separate offense.
E.
If
the Director determines that a violation of this UDO or regulations
made under its authority has occurred, he/she may issue the violator
a notice of violation, which shall be proceeded upon in accordance
with the provisions herein. The notice shall be issued to the violator
by the Director, said notice demanding the violator to answer the
charges against him/her within the time specified on the form. With
or without the initiation of criminal prosecution or any other legal
remedies, the County may apply to the appropriate court for injunctive
relief, which would require the correction or abatement of any violation
of this Order. The initiation or exhaustion of one (1) of these enforcement
proceedings shall not be a prerequisite to the initiation of any other
of these enforcement proceedings. Different types of enforcement proceedings
may be pursued concurrently.
F.
Any person issued a fine for a violation of this UDO or regulations made under its authority, for which payment may be made to the Circuit or Municipal Court, shall have the option of paying the fine in the sum and within the time specified in the court order or serve the term of imprisonment specified in the court order, according to Subsection (A) above. The payment of a fine to the Circuit or Municipal Court shall be deemed an acknowledgment of the alleged offense and the court, upon accepting the prescribed fine, may issue a receipt to the violator acknowledging payment.
G.
In
addition to the remedies provided above, the Prosecuting Attorney,
the County Executive or an officer or official appointed or designated
by the County Council or the owner of any private property or any
public body the property of whom or which is or may be affected by
any such violation may institute appropriate actions or proceedings
in the Circuit or Municipal Court to prevent the subdivision of land
begun or made in violation of these regulations. Such action may also
be instituted to prevent the use of land, the construction, reconstruction,
alteration, relocation, maintenance or use of any building or structure
from being begun or made in violation of these regulations, to prevent
the occupancy of such building or structure or unlawful use of land
and to prevent any illegal act, conduct, business or use in or about
the premises of such building or structure.
[Zoning Order §1.150, 4-2-2008]
It is the County's intention that the Sections, Subsections,
paragraphs, sentences, clauses and phrases of this UDO are severable
and if any Section, Subsection, paragraph, sentence, clause or phrase
is declared unconstitutional or otherwise invalid by any court of
competent jurisdiction in a valid judgment or decree, the unconstitutionality
or invalidity shall not affect any of the remaining Sections, Subsections,
paragraphs, sentences, clauses or phrases of this UDO, since the same
would have been enacted without the incorporation into this UDO of
the unconstitutional or invalid Section, Subsection, paragraph, sentence,
clause or phrase. The County Council hereby declares that it would
have passed the ordinance that adopted this UDO and each Section,
Subsection, sentence, clause and phrase hereof irrespective of the
fact that any one (1) or more other Sections, Subsections, sentences,
clauses and phrases might be declared unconstitutional.
[Zoning Order §1.160, 4-2-2008]
A.
Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice, recording and similar matters may be charged to applicants for all applications, all permits and all other applications covered by this UDO. The amount of the administrative fees charged shall be established by the Jefferson County Fees Schedule for Planning and Zoning Activitiesas set out in Chapter 401 of this Code, as amended.
B.
Fees
established in accordance with this Section shall be paid upon submission
of a signed application or notice of appeal.
