[Zoning Order §4.010, 4-2-2008]
A.
An
application for an amendment to the zoning ordinance text may only
be filed by the County Council, the Planning and Zoning Commission
(Planning Commission) or the Director.
B.
An
application for rezoning and/or development plan approval may only
be filed by the landowner, the landowner's agent, an owner under contract
with written consent by the owner or by the Director at the direction
of the County Council.
C.
An
application for an appeal to the Board of Zoning Adjustment may be
filed by any person or persons jointly or severally aggrieved, any
neighborhood association as defined in Section 32.105, RSMo., or any
officer, department, board or bureau of the County affected by any
decision of an official administering the provisions of this UDO.
D.
All
other applications provided for in this UDO may only be filed by the
landowner or the landowner's agent.
E.
All
applications shall be made on forms provided by the County.
[Zoning Order §4.020, 4-2-2008]
All applications shall require the signature of the owner on
the application or a letter from the owner consenting to the filing
with a copy of the sales contract authorizing a purchaser or an agent
to file the application on the owner's behalf. Applications for multiple
parcels with different owners shall require the same form of consent
from owners of all the parcels. Applications without the proper signatures
or authorization shall be deemed incomplete and shall not be processed.
[Zoning Order §4.030, 4-2-2008]
A.
A pre-application
conference may be required by the Director prior to submission of
any application for rezoning, conditional use permit, development
plan or conceptual development plan. The purpose of the pre-application
conference is to:
1.
Acquaint the applicant with the procedural requirements of this UDO;
2.
Provide for an exchange of information regarding applicant's proposed
development and the regulations, restrictions and requirements of
this UDO, the Official Master Plan and other development requirements;
3.
Advise the applicant of any public sources of information that may
aid the application; identify policies and regulations that create
opportunities or pose significant restraints for the proposed development;
4.
Review proposed sketch plans (as prepared in accordance with Section
400.1130(13) and provide the applicant with opportunities to enrich
the development plan in order to mitigate any undesirable project
consequences;
5.
Review the compatibility with adjacent land uses, either proposed
or existing; and
6.
Provide general assistance by County staff on the overall design
of the proposed development.
[Zoning Order §4.040, 4-2-2008; Ord.
No. 16-0100 §2, 1-4-2016]
The purpose of this Article is to guide the applicant through the processes involving zoning text amendments, rezoning to a non-planned district ("RA-5", "LR-2", "R-40", "R-20", "R-10", "R-7", "NC-1", "CC-2" and "NPI"), rezoning to a planned district ("PR-1", "PR-2", "PC", "PB", "PI" and "PM") and conditional use permit. The rezoning to a planned district shall include the submittal of a development plan. (Platting requirements are found in Article XVI.)
[Zoning Order §4.050, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(4.050), 7-30-2008]
A.
Submission Requirement. All development submissions including
application for rezoning to a planned district or for a development
plan approval shall note the surrounding zoning districts and uses.
In connection with a rezoning application that would create differing
uses next to an existing use, the following should be considered:
1.
Street separation between the proposed development and the adjacent
development;
2.
Density of development, measured in dwelling units per acre;
3.
Restrictions on types of fencing, parking of specific vehicles, dog
runs and outbuildings; and
4.
Green space or common area in transition areas, including areas,
structures and amenities.
[Zoning Order §4.060, 4-2-2008]
A.
Technical Studies Required By Director.
1.
The Director may require applicants for rezoning for planned districts,
conditional use permits or development plans to submit any technical
studies that the Director deems necessary to enable the Planning Commission
or County Council to fully evaluate the application. Examples of technical
studies for rezoning that may be required include traffic studies
and natural features studies. Examples of technical studies for conditional
use permits or development plans that may be required include engineering
studies, geologic or hydrogeologic studies, flood studies, environmental
impact assessments, noise studies, photometric plans (for outdoor
lighting) or surface water management/drainage studies.
2.
The persons or firms preparing the studies shall be competent and
qualified in their respective field of expertise as determined by
the Director. The applicant may appeal the Director's determination
regarding the studies to be performed or the persons or firms preparing
them to the Planning Commission by filing a written notice of appeal
with the Director within seven (7) days after the Director's decision.
The Director shall transmit the notice of appeal to the Planning Commission
and the Planning Commission shall hear the appeal at the next scheduled
Planning Commission meeting. The costs of all studies shall be borne
by the applicant. "Days" mean calendar days except
where otherwise noted.
B.
Technical Studies Required By Planning Commission Or County Council. Notwithstanding that the Director did not require submission of
a technical study in support of an application at the initial hearing
of the application, the Planning Commission or the County Council
may require the submission of technical studies prior to taking action
on the application.
C.
Application, Complete. No application for a rezoning to
a non-planned district ("RA-5", "LR-2", "R-40", "R-20", "R-10", "R-7",
"NC-1", "CC-2" and "NPI"), a rezoning to a planned district ("PR-1",
"PR-2", "PC", "PB", "PI" and "PM"), a conditional use permit or a
development plan shall be deemed complete until all items required
to be submitted in support of the application have been submitted
to the Planning Division in the form and containing the information
required by this UDO. Upon receipt of a complete application, the
Planning Division shall note the filing date on the application and
shall make a permanent record thereof. A complete application shall
include:
1.
A completed application form with a proper legal description of the
property that is the subject of the application;
3.
Plans signed and sealed by a design professional for preliminary
plats, final plats, site development plans and conceptual development
plans for industrial use; and
4.
All submission requirements for the approval sought, as established
by the relevant Sections of this Article or as required by the Director,
Planning Commission or County Council.
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If the applicant fails to submit the above-required elements
for the approval that the applicant is requesting, the application
will not be considered complete and the application shall not be processed.
The filing, notification and advertising process established by this
UDO will not begin until all required elements have been submitted
in the form required by this Article.
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[Zoning Order §4.070, 4-2-2008]
The Director or the Planning Commission may administratively
provide for submission deadlines for materials required in support
of any application provided for in this UDO and shall publish a schedule
of the required submission deadlines and meeting dates for each succeeding
calendar year no later than November thirtieth (30th) of each year.
Compliance with these deadlines is required before the application
will be placed on an agenda to be heard by the Planning Commission
or the County Council. At the discretion of the Director, any item
may be brought before the Planning Commission or the County Council
for hearing; provided that the Planning Commission or the County Council
may nonetheless refuse to hear such items if the public or the applicant
would be prejudiced by the approval.
[Zoning Order §4.080, 4-2-2008]
The County shall review all applications, plans, information
and data submitted in support of an application by the applicant.
After reviewing the information, the County shall prepare a report
discussing the submitted data. This report shall be provided to the
applicant and appropriate County officials and be available for public
review no later than three (3) business days prior to the hearing
or meeting at which such application or plans shall be considered.
The report shall discuss the submitted information, the actual site
area, proposed development, suggested or required conditions of approval
of the proposed development and any other pertinent data.
[Zoning Order §4.090, 4-2-2008]
In the consideration of any application for a conditional use
permit, preliminary plat, final plat or planned districts authorized
by this UDO, the recommending and the approving authority may stipulate
that the recommendation or approval, as the case may be, is subject
to compliance with certain specified conditions including, but not
limited to, limitations on permitted uses, time of performance requirements,
limitation on hours of operation and provision of services and/or
facilities to ensure that adequate public services and facilities
are available to meet the need for such services and facilities generated
by the development proposed by the application under consideration.
[Zoning Order §4.100, 4-2-2008]
Unless otherwise specifically required by this UDO, by the Board
of Zoning Adjustment or by other applicable laws, written findings
are not required for a final decision on any application.
[Zoning Order §4.110, 4-2-2008; Resolution 1-14-2010A
Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A.
In
the case of a decision where adoption of an ordinance is required,
the decision shall be final on the date that the County Council adopts
the ordinance memorializing the approval.
[Zoning Order §4.120, 4-2-2008; Ord.
No. 16-0100 §2, 1-4-2016]
Except where this UDO provides for an appeal to another body,
any person, official or agency who is aggrieved by a final decision
on an application provided for in this UDO, and who desires to appeal
the decision, shall file the appeal in the Circuit Court within thirty
(30) days after the decision is made. When an ordinance or resolution
is adopted memorializing the decision, the appellant has thirty (30)
days from the date the ordinance or resolution is adopted to file
an appeal. Appeals pursuant to this Section shall be filed pursuant
to the procedures set forth in Section 64.870.2, RSMo.
[Zoning Order §4.130, 4-2-2008; Ord. No. 11-12-2008A
§§1 — 2(4.130), 11-12-2008]
The County is authorized, as deemed necessary, to prepare administrative
guidelines (that do not substantively change the purpose and intent
of the UDO) to augment, implement and provide further details and
examples of methods and manners of complying with the minimum design
standards of this UDO, to clarify the intent of this UDO and to assist
County staff, the Planning Commission and the County Council in evaluating
whether a proposed development complies with the minimum design standards.
No later than fourteen (14) days in advance of the effective date
of the administrative guideline, the Director shall provide a copy
of the administrative guideline to each member of the County Council.
Upon receipt of the administrative guideline, a majority of the County
Council may request a review of the administrative guideline and may
approve all or a portion of such guidelines by resolution. Any portion
reviewed by the County Council and not so approved shall not take
effect. If the County Council does not request review, the administrative
guidelines shall take effect on the date set by the Director. All
administrative guidelines that take effect in this manner and have
not been previously adopted by the County Council shall be adopted
by the County Council, by resolution, annually. Should the County
Council adopt administrative guidelines, those guidelines will be
presented to the Planning Commission.
