Jefferson County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions
Section 400.010 Short Title - Introduction To UDO.
[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adopted on May 8, 1991, as amended, and Subdivision Regulations adopted on February 25, 1988, as amended, are hereby repealed.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.
Section 400.020 Authority.
[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.
Section 400.030 Jurisdiction.
[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.
Section 400.040 Purpose.
[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.
Section 400.050 Relationship To Other Provisions of The UDO.
[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.
Section 400.060 Relationship To Official Master Plan and Other Policies.
[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.
Section 400.070 Relationship To Private Restrictions.
[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.
Section 400.080 Prohibitions.
[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.
Section 400.090 Adequate Facilities and Services.
[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:
Section 400.100 Lots and Buildings To Front On Public or Approved Private Street.
[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.
Section 400.110 Effective Date.
[Zoning Order §1.110, 4-2-2008]
The provisions of this UDO are hereby adopted and become effective on April 2, 2008.
Section 400.120 Development Under Prior Regulations.
[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.
Section 400.130 Violations of Prior Regulations.
[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.
Section 400.140 Violations.
[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.
Section 400.150 Severability.
[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.
Section 400.160 Fees.
[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.