These regulations may be referred to as the "zoning ordinance."

A.

Regulations consistent with plan. These regulations have been developed in accordance with the comprehensive plan for the City of Jefferson, Missouri which was adopted on November 3, 1969, the supplement to the comprehensive plan which was adopted on September 18, 1978, the land use plan which was adopted on March 13, 1986, and the comprehensive plan update adopted March 14, 1996. Said comprehensive plans include estimates of population growth, land use surveys, a land use plan, plans for major thoroughfares, other transportation facilities, community facilities, public services and utilities, and a capital improvements program.

B.

General purposes. Regulation of the use of land is fundamental to optimum development of the community. The zoning ordinance regulations are intended to:

1.

Implement the goals, policies and strategies identified in the City of Jefferson comprehensive plan;

2.

Secure safety from fire, panic and other dangers;

3.

Promote health and general welfare;

4.

Provide adequate light and air;

5.

Prevent the overcrowding of land;

6.

Avoid undue concentration of population;

7.

Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and

8.

Protect and maintain the integrity and character of established neighborhoods, and retain historical and cultural resources.

The zoning ordinance of the City of Jefferson, Missouri is enacted pursuant to the powers granted by the Constitution and laws of the state of Missouri, including the authority of RSMo ch. 89, as amended (the "statute"). The statute authorizes the City, by ordinance, to adopt and enforce regulations governing zoning, planning, subdivision and building within all or any portion of the corporate City limits and within all or any portion of the unincorporated area extending two miles outward from the corporate limits of the City.

The zoning ordinance provides for the regulation of the development and use of land within the City of Jefferson's jurisdiction. The ordinance is divided into nine articles as follows:

A.

Article I establishes the title, purpose, jurisdiction and applicability of the zoning ordinance and the responsibilities of elected and appointed officials in administering the ordinance.

B.

Article II establishes zoning districts and the regulations that are applicable to the development and use of land and buildings in each district.

C.

Article III establishes overlay district regulations that, due to unique natural or development conditions, must be applied, regardless of the underlying zoning to ensure the public health, safety and welfare.

D.

Article IV establishes supplementary conditions that are necessary for the safe and compatible development of specific uses.

E.

Article V establishes design and improvement standards applicable to development of individual parcels and subdivisions.

F.

Article VI establishes provisions for the continuation, expansion and discontinuance of legally established uses that no longer comply with this zoning ordinance.

G.

Article VII establishes the procedures for administration of this zoning ordinance.

H.

Article VIII provides for the enforcement of this zoning ordinance and establishes penalties for violations.

I.

Article IX defines the terms used in this zoning ordinance.

J.

Article X establishes the fee schedule for various permits and applications.

Exhibits with graphics generally are provided to illustrate the intent of the language. When there is an apparent discrepancy between the text and graphic, the text shall supersede the graphic. In cases where the exhibit is a table that lists standards, the exhibit shall be considered a requirement.

A.

City Council. The City Council, also referred to as the Council, shall have the zoning powers provided by RSMo ch. 89 including, but not limited to, the following:

1.

Appointments. The Council shall have the power and responsibility to approve appointments and removals:

a.

Members and alternates to the Zoning Commission, pursuant to RSMo § 89.070, and the Planning Commission pursuant to RSMo § 89.320. The City Planning and Zoning Commission is hereby designated the Zoning Commission for purposes of RSMo § 89.070, and the City Planning Commission for purposes of RSMo § 89.330.2; and

b.

Members to the Board of Adjustment, pursuant to RSMo § 89.080.

2.

Action on Planning and Zoning Commission recommendations. The Council shall take action on all recommendations of the Planning and Zoning Commission by approval, conditional approval or denial of approval.

3.

Appeals. The Council shall take action on all appeals to actions of the Planning and Zoning Commission.

4.

Reversal of Planning and Zoning Commission Recommendations.

a.

Plats. For applications pertaining to elements included on a city plan submitted to the Planning Commission authorized by this chapter pursuant to RSMo §§ 89.320 through 89.491:

(1)

An affirmative simple majority vote of the entire membership of the Council shall be required to approve or conditionally approve an application approved by the Planning Commission.

(2)

An affirmative vote of two-thirds of the entire membership of the Council shall be required to overturn or reverse a denial of any application by the Planning Commission.

b.

Zoning. For applications submitted to the Zoning Commission authorized by this chapter pursuant to RSMo §§ 89.010 through 89.144, an affirmative simple majority vote of the entire membership of the Council shall be required to approve, conditionally approve, overturn or reverse a decision by the Zoning Commission.

5.

Establishment of fees. The Council shall adopt fees for development permits and applications and shall decide on all requests for waivers to fees. Fees shall be as provided in article X.

B.

Planning and Zoning Commission. The membership, appointment, terms, vacancy and removal of the members of the Planning and Zoning Commission shall comply with chapter 7, sections 7-171 and 7-172 of the Code, and RSMo § 89.320. The Director of Planning and Protective Services (or the Director's designee) shall serve as staff to the Commission.

1.

Rules of procedure. The Planning and Zoning Commission shall adopt rules of procedure consistent with the provisions of these regulations and RSMo § 89.330.

2.

Planning and Zoning Commission powers and duties. The Planning and Zoning Commission's powers and duties shall be in conformance with RSMo §§ 89.010 through 89.491, and shall include, but are not limited to, the following actions:

a.

Preparation and adoption of a plan for the physical development of the City by resolution approved by a majority of vote of the full membership of the Commission;

b.

Preparation and recommendation of a zoning ordinance for the regulation of height, area, bulk, location and use of private, non-profit and public structures and premises and of population density;

c.

Review and make recommendations to the Council on all requests for:

(1)

Amendments to the comprehensive plan and development plan map;

(2)

Neighborhood or area plans;

(3)

Amendments to the official zoning map;

(4)

Amendments to the text of the zoning ordinance;

(5)

Planned unit developments;

(6)

Major amendments to planned unit development plans;

(7)

Subdivision plats;

(8)

Subdivision code text;

(9)

Annexations;

(10)

Special exception use permits;

(11)

Amendments to the thoroughfare plan; and

(12)

Vested rights determinations.

d.

Decide all requests for variance from the provisions of the ordinance that are not assigned to the Board of Adjustment or the Council;

e.

Make reports and recommendations relating to the planning and development of the City, public improvements program and financing thereof;

f.

Preparation of reports and recommendations relating to the planning and development of the City to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens; and

g.

Execution of other powers and duties assigned to a Planning and Zoning Commission by State law.

3.

Voting. The nine-member commission shall vote on and take action on issues brought before it. Alternate members may vote when necessary as provided for in chapter 7, section 7-172.B of the Code.

C.

Board of Adjustment.

1.

Membership. The composition and membership of the Board of Adjustment of Jefferson City, also known herein as the "Board", shall be in conformance with RSMo § 89.080.

2.

Board of Adjustment powers and duties. The Board of Adjustment shall have the power and duty to consider and decide on the following in conformance with chapter 7, sections 35-73.B and 35-73.C and RSMo ch. 89:

a.

Appeals. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or determination made by an administrative official based on or made in the enforcement of the City zoning ordinance. The vote required to take any official action shall be as provided in RSMo § 89.090.2. The procedures for filing an appeal shall be as provided in RSMo § 89.100, and the rules of procedure of the Board of Adjustment. The rules of procedure for the Board of Adjustment shall specify the period of time within which an appeal shall be taken. Any party aggrieved by a decision of the Board of Adjustment may present a petition to the Circuit Court as provided by RSMo § 89.110. For purposes of this subsection, a "party aggrieved" means any person, neighborhood organization, officer, department, board, or bureau which is permitted by RSMo § 89.110, to present a petition to the court challenging a decision of the Board of Adjustment.

b.

Variances. In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the zoning ordinance, the Board of Adjustment may vary or modify the application of any of the regulations or provisions of this ordinance relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done. The Board of Adjustment shall not have the power to vary or modify any ordinance relating to the use of land unless the applicant demonstrates that there is unnecessary hardship in the way of carrying out the strict letter of the zoning ordinance.

c.

Conditional use permits. Authorize conditional use permits pursuant to subsection 35-73.A.

d.

Other matters. Hear and decide all matters referred to it or upon which it is required to pass under this ordinance.

e.

Limitation. The Board shall not grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in the district, or to alter or change the provisions or requirements of the zoning ordinance or the zoning map.

D.

Director of Planning and Protective Services. The Director of Planning and Protective Services, or the Director's designee, hereinafter referred to as "the Director," shall have the responsibility and authority to administer and enforce the provisions of this ordinance and shall have the following powers and duties in connection therewith. The Director shall:

1.

Serve as staff for the Council, the Planning and Zoning Commission, and the Board of Adjustment and shall act as a liaison to other agencies and organizations in planning and zoning matters.

2.

Review, render interpretations and make recommendations regarding the provisions of the comprehensive plan.

3.

Review, render interpretations and make recommendations regarding the provisions of the zoning ordinance, the official zoning map, advertising and sign regulations, Subdivision Code, Building Code and Code of the City of Jefferson.

4.

Accept applications for, review and prepare staff reports recommending approval, approval with conditions or denying approval of applications for the following: text amendments to the comprehensive plan, amendments to development plan map, amendments to the text of the zoning ordinance, amendments to the official zoning map, subdivision plats, variances, special exception permits, conditional use permits, planned developments, and annexation petitions.

5.

Review and approve, approve with conditions or deny approval of applications for all planning clearance, building and other certificates and permits including permits for site plans, special uses, temporary uses, home occupations, changes of use, fences and signs;

6.

Monitor and assist in the enforcement of this ordinance and ensure compliance with the terms of application approvals.

7.

Review and approve, approve with conditions or deny applications for all floodplain development permits to ensure that the provisions of this ordinance will be met and that all necessary permits have been obtained from federal, state and local governmental agencies including approval when required from the U.S. Army Corps of Engineers for floodplain construction.

8.

Approve minor amendments to planned unit development plans.

9.

Approve, where such authority has been delegated by the terms of this ordinance, minor exceptions to this ordinance.

10.

The Director shall keep comprehensive records of applications, permits and certificates issued, inspections made, reports rendered, and notices or orders issued and of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of this ordinance. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the Director. Copies may be obtained from the Director and a fee shall be paid for the cost of reproduction.

11.

If the Director finds that one of the provisions of this ordinance is being violated, the Director shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering action necessary to correct it. The Director shall order:

a.

The discontinuance of the illegal use of land, buildings or structures;

b.

The removal of illegal buildings or structures, or additions, alterations or structural changes thereto;

c.

The discontinuance of any illegal work being done;

d.

Or shall take any other action authorized by this ordinance and the City.

E.

Coordination with other officials. The Director of Planning and Protective Services , Director of Parks and Recreation, Chief of Police, Fire Chief, City Counselor and City Prosecutor shall assist the Director in the enforcement of this ordinance. They may be members of any committee established for the review of development applications. Officials of public utility companies also may be included in any plan review committee in order to determine that utilities will be available for the proposed development and will be sufficient to meet the needs of the new residents or utility users.

(Ord. 13600, § 16, 9-2-2003; Ord. No. 14640, § 1, 2-15-2010)

A.

Development subject to regulation.

1.

No structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used:

a.

Except for a purpose permitted in the district in which the building or land is located;

b.

Unless the use is conducted in accordance with the conditions established in this ordinance;

c.

Unless the site and all structures on the site are designed and constructed pursuant to this ordinance; and

d.

Until the use or development has been authorized or permitted pursuant to this ordinance.

B.

Exempt from regulations. Certain structures and uses are exempt from this ordinance and shall be permitted in any district as follows:

1.

Any pole, wire, cable, conduit, vault, lateral, pipe, main, valve, regulator (including gas regulator) or any other similar equipment for transmission or distribution to customers of telephone or other communication services, electricity, gas, steam or water, or the collection of sewage or surface water operated or maintained by a public utility, but not including any cellular tower, electrical substation, switching station, lift station, pumping house, water tank or water tower located on or above the surface of the ground;

2.

Any railroad track, signal, bridge or similar facility or equipment located on a railroad right-of-way; and

3.

Any building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the Director, and provided it is removed within 60 days of issuance of a certificate of occupancy for the entire project.

The regulations of this ordinance shall be regarded as the minimum requirements necessary for the protection of public health, safety or the general welfare. This ordinance shall be liberally interpreted in order to further its underlying purposes.

A.

Rules of language. For the purpose of this ordinance, certain terms are hereby defined.

1.

Words used in the present tense shall include the future;

2.

The particular controls the general;

3.

In case of difference of meaning or implication between the text of the ordinance and the captions for each section, the text shall control;

4.

All words, terms and phrases not otherwise defined herein shall be given their usual and customary meaning as defined in any recognized standard English dictionary, unless the context clearly indicates a different meaning was intended.

B.

Computation of time. Unless otherwise specifically provided, the time within which an act is to be completed shall be computed by excluding the first day and including the last day, unless it is Sunday, which shall be included in the computation of time. All acts must be completed within the time frame specified subject to extension periods provided herein.

A.

Consistency with comprehensive plan. The zoning ordinance provisions and requirements shall be in conformance with the comprehensive plan and the development plan map.

B.

Conflict. Whenever any provision of this ordinance or any other applicable law, rule, contract, resolution or regulation of the City, County, State or federal government contains certain standards covering the same subject matter, the more restrictive requirements or higher standards shall govern. Whenever this ordinance 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, these regulations shall govern. In case of conflicts within this ordinance, the more specific or restrictive provision shall apply. (See RSMo § 89.130)

C.

Development under prior regulations.

1.

Existing uses. Existing legal uses may continue in compliance with this ordinance or as legal nonconforming uses in conformance with article VI.

2.

Lots with nonconforming dimensions. Subject to the provisions of article VI of this ordinance, existing legal lots that do not meet minimum requirements for dimension and area may be developed subject to compliance with all other applicable standards of this ordinance. Deviations for other than dimensional or area standards shall require a variance from the Board of Adjustment.

3.

Development in progress. Upon the date of passage of this ordinance, all development shall comply with the requirements of this ordinance unless the applicant can demonstrate that he or she has proceeded with the development in good faith, acting upon assurances of the City as manifested by the following:

a.

A building permit has been issued to the applicant and the applicant has made substantial expenditures, done substantial construction, and will complete the work within 12 months of adoption of this ordinance; or

b.

A development agreement between the City and the applicant has been executed and is in full force and effect; or

c.

The applicant has submitted a completed application under the prior zoning ordinance at the time of adoption of this ordinance and that application is approved; or

d.

The applicant maintains a valid permit issued under the prior ordinance. Council approval shall be required for all extensions of nonconforming applications for more than 12 months after adoption of this ordinance.

D.

Relation to other regulations and private agreements. The provisions of this ordinance are not intended to affect any deed restriction, covenant, easement or any other private agreement or restriction on the use of land; provided, that where the provisions of this ordinance are more restrictive or impose higher standards than any such private restriction, the requirements of this ordinance shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this ordinance, such private restrictions shall control if properly enforced by a person having the legal right to enforce such restrictions.

The Council shall have the authority to waive certain standards of this ordinance during local emergencies declared by federal, state or local officials.

Land that is voluntarily annexed shall be classified as RU Rural Use District unless a plan for its use is submitted in accordance with section 35-76. Land shall be re-zoned in accordance with article VII, section 35-75. Land that is involuntarily annexed by the City shall be zoned in accordance with the plan of intent, if applicable.

If any article, section, subsection, sentence, clause or phrase of this zoning ordinance is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Jefferson hereby declares that it would have passed the ordinance which adopted this zoning ordinance and each article, section, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more other articles, sections, subsections, sentences, clauses and phrases be declared unconstitutional. Therefore, it is hereby declared to be the legislative intent that: (1) the effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and (2) such decision shall not affect, impair or nullify this ordinance as a whole or any other part thereof, but the rest of the ordinance shall continue in full force and effect.