[Zoning Order §4.200, 4-2-2008; Ord.
No. 16-0100 §2, 1-4-2016[1]]
A.
Approval By Ordinance. All zoning text amendments shall
be approved by ordinance.
B.
Public Hearing Required. Consideration of zoning text amendments, rezonings, and conditional use permits shall require a public hearing before the Planning and Zoning Commission following publication notice as provided in Section 400.1050.
C.
Action By Planning And Zoning Commission. A vote
either for or against a zoning text amendment, rezoning, or conditional
use permit by a majority of all of the Planning Commissioners present
shall constitute a recommendation of the Planning and Zoning Commission.
If a motion for or against the zoning text amendment, rezoning, or
conditional use permit fails to receive a majority vote, the Planning
and Zoning Commission may entertain a new motion. The Planning and
Zoning Commission recommendation to approve, approve with conditions,
or disapprove shall be submitted to the County Council accompanied
by a transcript of the hearing and all evidence presented. In the
instance of a tie vote by the Planning and Zoning Commission, the
matter shall be forwarded to the County Council with no recommendation
and shall be accompanied by a transcript of the hearing and all evidence
presented.
[Ord. No. 20-0406, 9-29-2020]
D.
County Council Action Upon Planning and Zoning Commission
Recommendation. No ordinance or resolution relating to zoning
which is contrary to a recommendation of the Planning and Zoning Commission
shall be adopted by the Council except by an affirmative vote of a
majority of All Council Votes. The phrase "All Council Votes" shall
have the meaning as defined in the Home Rule Charter of Jefferson
County, Missouri. When the Planning and Zoning Commission submits
a recommendation to the County Council, the County Council may take
such action as it deems appropriate, including approval, approval
with conditions, disapproval, amendment of the application and adoption
as amended, or the County Council may, by an affirmative vote of a
majority of the Council Members present, remand the application to
the Planning and Zoning Commission for further consideration and analysis
of additional relevant evidence not originally presented at the public
hearing. The County Council may only remand the action back to the
Planning and Zoning Commission a total of one (1) time. At its sole
and absolute discretion, by a majority of All Council Votes, upon
a motion made and seconded, the County Council may elect to hold a
public hearing upon any ordinance or resolution related to zoning,
provided that:
1.
The application to be given a public hearing by the County Council
has already had a public hearing before the Planning and Zoning Commission;
3.
The County Council complies with the procedural and evidentiary
requirements of the UDO related to public hearings before the Planning
and Zoning Commission.
E.
Applications Remanded To The Planning And Zoning Commission. Upon receipt of an application remanded by the County Council, the
Planning and Zoning Commission may resubmit its original recommendation
giving the reasons therefor or submit a new or amended recommendation.
If the Planning and Zoning Commission fails to deliver its recommendation
to the County Council within thirty (30) days after receipt of the
remanded application, the County Council may consider this inaction
as a resubmission of the original recommendation and proceed with
its consideration. For purposes of this Subsection, the "receipt"
of an application remanded by the County Council shall be deemed to
occur on the date of the first Planning and Zoning Commission meeting
on which the returned item is placed on the agenda for consideration.
F.
Reconsideration By The County Council. Upon receipt of the
Planning and Zoning Commission's recommendation after reconsideration
or if the thirty (30) day period has elapsed following the Planning
and Zoning Commission's receipt of the County Council's remanded application,
the County Council shall approve, approve with conditions, disapprove
or again remand the application to the Planning and Zoning Commission
for further consideration. Unless the County Council remands the application
to the Planning and Zoning Commission for further consideration or
continues its consideration of the matter, the County Council's action
on the application shall constitute a final decision.
[1]
Editor’s Note: Ord. No. 16-0100 also changed the title
of this Section from “Consideration of Zoning Text Amendments”
to “Consideration of Rezoning, Conditional Use Permits, and
Zoning Text Amendments.”
[Zoning Order §4.210, 4-2-2008]
A.
The
following items shall be submitted in support of an application for
rezoning to a non-planned district ("RA-5", "LR-2", "R-40", "R-20",
"R-10", "R-7", "NC-1", "CC-2" and "NPI") and rezoning to a planned
district ("PR-1", "PR-2", "PC", "PB", "PI" and "PM"):
[Ord. No. 16-0100 §2, 1-4-2016]
1.
Date submitted.
2.
Name, address and telephone number of the applicant and the name,
address and telephone number of the landowner if different than the
applicant.
3.
Size of the land area covered by the application.
4.
Accurate legal description of the property for which the application
is submitted. A survey plat with deed calls on lines is evidence of
legal description closure.
5.
Parcel number(s).
6.
Proof of ownership and/or affidavit, letter of consent, copy of the sale contract or other authorization of owner under contract or agent pursuant to Section 400.910, if applicable.
7.
Historic use of the property for the past twenty (20) years.
9.
Existing and requested zone districts.
10.
A statement of the existing use and the intended use of the property
and any reasons why rezoning is being requested and any other information
that may be useful.
11.
A statement of the availability of urban services (water, sewer,
transportation access, etc.) that exist or are proposed to serve the
land area covered by the application.
12.
The timing of development, including phases.
13.
The required number of copies of a development plan shall be submitted when rezoning to a planned district. The submission of the development plan shall be subjected to the requirements set forth in Section 400.1220.
14.
Small location map of the site with north arrow and scale.
[Zoning Order §4.220, 4-2-2008]
A.
The
following items shall be submitted in support of an application for
a conditional use permit:
1.
Date submitted.
2.
Name, address and telephone number of the applicant and the name,
address and telephone number of the landowner if different than the
applicant.
3.
Size of the land area covered by the application.
4.
Accurate legal description, accompanied by a legal description survey
plat, of the property for which the application is submitted.
5.
Parcel number(s).
6.
Proof of ownership and/or affidavit, copy of the sale contract with letter of consent or other authorization of owner under contract or agent pursuant to Section 400.910, if applicable.
7.
Existing zone district, existing land use and requested conditional
use.
8.
A comprehensive narrative description of the use sought, both as
to function and operation and as to special conditions relating to
the operation of the proposed uses, site development and other pertinent
descriptive factors.
9.
The calendar length of the conditional use's term, if applicable.
10.
A statement of the availability of urban services (water, sewer,
transportation access, etc.) that exist or are proposed to serve the
land area covered by the application.
11.
Historic use of the property for the past twenty (20) years.
13.
A sketch plan, accompanied by the number of copies required by the
Director, containing the following information on one (1) sheet:
a.
North arrow.
b.
Scale not to exceed 1:200, unless approved by the Director.
c.
Location of property lines of the subject property to scale.
d.
Any land areas within the floodway and 100-year floodplain, including
the flood hazard area from the FEMA map.
e.
Locations and dimensions of all existing and proposed right-of-way
and easements within one hundred twenty-five (125) feet of the land
area covered by the application.
f.
General location and approximate size of all existing utility easements,
wet or dry watercourses and other significant physical features on
the land area covered by the application.
g.
General location and approximate size of all parking areas, drives,
sidewalks/pedestrian ways.
h.
Screening and buffering areas, open space and other amenities.
i.
Location and approximate size of the proposed structures or lots,
where applicable.
j.
Sufficient dimensions to indicate relationships between lots, structures,
property line, parking areas and other elements of the plan, where
applicable.
k.
Identification of the proposed uses of the land or the structures.
[Zoning Order §4.230, 4-2-2008; Ord.
No. 16-0100 §2, 1-4-2016]
A.
The Planning and Zoning Commission shall observe all of the following
procedural requirements while taking evidence at public hearings.
1.
Evidence must be introduced by interested parties or their authorized
representatives.
2.
Oral evidence shall only be taken in compliance with this Section.
3.
All proceedings shall be suitably recorded and preserved. A
copy of the transcript of such proceeding shall be made available
to any interested person upon the payment of a fee which shall in
no case exceed the reasonable cost of preparation and supply.
4.
Records and documents of the Planning and Zoning Commission
may be introduced so as to be a part of the record, but the records
and documents may be considered as a party record by reference thereto
when so offered.
5.
The Planning and Zoning Commission shall take official notice
of the Home Rule Charter of Jefferson County, Missouri, codes, and
ordinances and may take official notice of all matters of which the
courts may take judicial notice. The Planning and Zoning Commission
may also take official notice of technical or scientific facts, not
judicially cognizable, within their competence, if they notify the
parties, either before the hearing or during the hearing of the facts
of which they propose to take such notice and give the parties reasonable
opportunity to contest such facts or otherwise show that it would
not be proper for the Commission to take such notice of them.
6.
Copies of writings, documents and records shall be admissible
without proof that the originals thereof cannot be produced, if it
shall appear by testimony or affidavit or certification by the custodian
of the writings, documents or records that the copy offered is a true
copy of the original.
7.
Any writing or record, whether in the form of an entry in a
book or otherwise, made as a memorandum or record of an act, transaction,
occurrence of event, shall be admissible as evidence of the act, transaction,
occurrence or event, if it shall appear that it was made in the regular
course of any business, and that it was the regular course of such
business to make such memorandum or record at the time of such act,
transaction, occurrence, or event or within a reasonable time thereafter.
All other circumstances of the making of such writing or record, including
lack of personal knowledge by the entrant or maker, may be shown to
affect the weight of such evidence, but such showing shall not affect
its admissibility. The term "business" shall include business, profession,
occupation and vocation of every kind.
8.
The results of statistical examinations or studies, or of audits,
compilation of figures, or surveys, including interviews with many
persons or examination of many records, or of long or complicated
accounts, or of a large number of figures, or involving the ascertainment
of many related facts, shall be admissible as evidence of such results,
if it shall appear that such examination, study, audit, compilation
of figures, or survey was made by or under the supervision of a witness,
who is present at the hearing, who testifies to the accuracy of such
results, and who is subject to cross-examination by the Planning and
Zoning Commission, and if it shall further appear by evidence adduced
that the witness making or under whose supervision such examination,
study, audit, compilation of figures, or survey was made was basically
qualified to make it. All the circumstances relating to the making
of such an examination, study, audit, compilation of figures or survey,
including the nature and extent of the qualifications of the maker,
may be shown to affect the weight of such evidence, but such showing
shall not affect its admissibility.
9.
Any party, or the Planning and Zoning Commission, desiring to
introduce an affidavit into evidence at a public hearing must file
the affidavit with the Planning Division not later than seven (7)
days prior to the hearing.
10.
Protest Petitions. In case of a protest petition
against any proposed change, revision, or amendment signed and acknowledged
by forty percent (40%) of the owners of real property within six hundred
(600) feet of the parcel of land for which the change, revision, or
amendment is proposed, or in cases where the land affected lies within
one and one-half (1 1/2) miles of the corporate limits of a municipality
having in effect ordinances zoning property within the corporate limits
of such municipality, made by resolution of the City Council or Board
of Trustees thereof, and filed with the Planning Division, the County
Council shall hold a public hearing thereon, and such change, revision,
or amendment may not be passed except by majority vote of all Council
votes.
[Ord. No. 20-0406, 9-29-2020; Ord. No. 21-0558, 12-27-2021]
11.
Criteria For Considering Applications. In considering
any application for any rezoning, conditional use permit, conceptual
development plan or preliminary development plan, the Planning and
Zoning Commission and the County Council may give consideration to
the criteria stated below, to the extent they are pertinent to the
particular application. The Planning and Zoning Commission and County
Council may also consider other factors that may be relevant to a
particular application:
a.
The character of the neighborhood.
b.
The existing and any proposed zoning and uses of adjacent properties
and the extent to which the proposed use is compatible with the adjacent
zoning and uses.
c.
The extent to which the proposed use facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other
public requirements.
d.
The suitability of the property for the uses to which it has
been restricted under the applicable zoning district regulations.
e.
The length of time, if any, the property has remained vacant
as zoned.
f.
The extent to which the proposed use will negatively affect
the character of the property and neighboring property.
g.
The extent to which the proposed use will seriously injure the
appropriate use of, or detrimentally affect, neighboring property.
h.
The extent to which the proposed use will adversely affect the
capacity or safety of the portions of the street network impacted
by the use or present parking problems in the vicinity of the property.
i.
The extent to which the proposed use will address and conserve
the natural resources of the site, effectively manage storm water
runoff and prevent air, water and noise pollution and conserve habitat.
j.
The impact the proposed use has on achieving the goal of economic
diversity in the community.
k.
The ability of the applicant to satisfy any requirements applicable
to the specific use imposed pursuant to this UDO.
l.
The extent to which public facilities and services are available
and adequate to meet the demand for facilities and services generated
by the proposed use.
m.
The gain, if any, to the public health, safety and welfare due
to approval of the application as compared to the hardship imposed
upon the landowner, if any, as a result of denial of the application.
n.
The conformance of the proposed use to the Official Master Plan
and other adopted planning policies.
o.
The analysis by professional staff.
[Zoning Order §4.240, 4-2-2008; Ord.
No. 15-0166 §2, 2-25-2015]
A.
Transferability.
1.
A conditional use permit may be conveyed with the land. Nothing
in this Article shall be construed to alter the expiration date of
permits or the authority of the County Council to revoke a permit.
2.
A permit cannot be assigned or transferred to a different parcel
of land.
3.
Every entity attempting to convey a conditional use permit shall
give notice, in writing, to the Director within seventy-two (72) hours
after having sold, transferred, given away or otherwise disposed of
an interest in or control of a parcel of land for which a conditional
use permit has been issued. This notice shall include the name and
address of the successor in interest or control of the parcel. Receipt
of this notice shall not constitute acceptance of an invalid transfer.
B.
Lapse. A conditional use permit shall lapse and
become void unless the applicant fully implemented the proposed use
in accordance with an approved development plan authorized by the
conditional use permit within two (2) years of the date of approval
by the County Council. Upon the written request of the property owner
and for good cause shown, the Director may grant one (1) extension
of not more than one (1) year. An application for extension will be
considered only if it is submitted, in writing, prior to the expiration
of the initial period. This provision shall not apply to telecommunication
antenna tower/mounts.
C.
Expiration. With the exception of conditional use permits issued for telecommunication antenna tower/mounts, a conditional use permit shall be valid for a specific period of time if so stated in the permit. A permit may be renewed upon application to the County Council, subject to the same procedures, standards and conditions as an original application. All regulations in Article XV regarding lawful non-conforming uses shall apply to the extension of a non-conforming conditional use pursuant to this paragraph.
[Zoning Order §4.250, 4-2-2008]
The Planning Commission may recommend and the County Council
may adopt, with the concurrence of the applicant, a rezoning that
is a lesser change, for example a lower density or a less intense
use, than the rezoning requested by the applicant, provided that the
type of zoning district (residential, commercial or industrial) to
which the property is rezoned by the County Council is the same type
of zoning district requested in the rezoning application. In no case
may a rezoning to a residential district be approved if the application
is for a commercial or industrial district and in no case may a commercial
district be approved if the application is for an industrial district.
In no case may a rezoning to any district other than a planned district
be approved if the application is for a planned district. The Planning
Commission also may recommend and the County Council may adopt a rezoning
that covers less area than the area described in the publication notice
for the public hearing.
[Zoning Order §4.260, 4-2-2008]
In an instance where an applicant seeks approval of two (2)
different requests simultaneously for the same parcel, such as a rezoning
and a conditional use permit, the applicant shall submit all necessary
documents, plans, maps and other required information in accordance
with the provisions relating to both of the submitted applications
and pay all appropriate fees for both applications.
[Ord. No. 20-0406, 9-29-2020]
A.
Any
residential development that proposes one hundred (100) or more lots
or units shall only be permitted within a planned zone district. Any
person proposing a residential development with one hundred (100)
or more lots or units shall:
1.
Apply to have the property rezoned to the applicable planned zone district in accordance with Section 400.1120; and
3.
Submit a comprehensive traffic study that determines the effects
of the proposed development on the street/highway system. The traffic
study shall be submitted with the application for rezoning or development
plan.
[Zoning Order §4.270, 4-2-2008]
A.
No
application for rezoning or conditional use permit shall be accepted
if the application for rezoning is to the same zoning classification
or is for substantially the same plan that has been filed and advertised
for public hearing within the preceding one hundred twenty (120) days.
B.
For purposes of Subsection (A) of this Section, the preceding one hundred twenty (120) day period shall be determined as follows:
1.
If there was final action (either approval or denial) on the prior
application, the one hundred twenty (120) day period shall run from
the date of the action.
2.
If the prior application was withdrawn after being advertised for
public hearing, the one hundred twenty (120) day period shall run
from the date the application was withdrawn.
C.
The
Director shall determine if an application concerns "substantially
the same plan" as a prior application.
[Ord. No. 23-0177, 3-30-2023]
D.
The
County Council may waive the limitation in this Section for good cause
shown.
