Jefferson County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE IV
Applications and Procedures
Section 400.900 Who May Apply - Applications.
[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.
Section 400.910 Applications - Proof of Ownership and/or Authorization of Agent.
[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.
Section 400.920 Pre-Application Conference.
[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.
Section 400.930 General Application Requirements.
[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.)
Section 400.940 Adjacency Criteria.
[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.
Section 400.950 Submission of Technical Studies.
[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.
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. |
Section 400.960 Application and Submission Deadlines.
[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.
Section 400.970 County Review.
[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.
Section 400.980 Conditional Approvals.
[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.
Section 400.990 Written Findings.
[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.
Section 400.1000 Final Decision Where Ordinance Required.
[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.
Section 400.1010 Appeals of Final Decisions.
[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.
Section 400.1020 Adoption of Administrative Guidelines.
[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.
Section 400.1050 Publication Notices.
[Zoning Order §4.140, 4-2-2008]
Unless otherwise specifically provided for in this UDO, all publication notices for public hearings required by this UDO shall be published in one (1) issue of an official County newspaper or a newspaper of general circulation in the County. At least fifteen (15) calendar days shall elapse between the date of the publication and the date set for hearing. Notice of said hearing shall also be posted at least fifteen (15) calendar days in advance thereof in one (1) public area of the courthouse of the County and one (1) public area of the administration center of the County. Where the hearing is for consideration of changes in the text of this UDO or a general revision of the boundaries of zoning districts, the notice shall contain a statement regarding the proposed changes in the UDO or in the boundaries of the zone or district. Where the hearing is for an application that relates to specific property, the property shall be identified by general location description or street address. The notice shall contain a general statement regarding the purpose of the application and a statement that public comment shall be heard.
Section 400.1060 Notices To Surrounding Property Owners.
[Zoning Order §4.150, 4-2-2008]
A.
Unless otherwise specifically provided in this UDO, whenever notice to surrounding property owners is required for consideration of an application, the notice shall be given as follows:
1.
Time of mailing. The Planning Division shall mail all notices at least fifteen (15) calendar days prior to the hearing, notifying the property owner of the opportunity to be heard.
2.
Mailed notice requirements. For preliminary plats, mailed notice shall be sent to the last known record owner of all adjacent property to the property for which the preliminary plat is being considered. For rezoning and conditional use applications, mailed notice shall be sent to the last known record owner of all property within six hundred (600) feet from the boundaries of the property for which the application is being considered. The notice shall state the time and place of the hearing and include a general description of the proposal, a location map of the property, the general street location of the property subject to the proposed change and a statement explaining that the public will have an opportunity to be heard at the public hearing. Failure to receive mailed notice shall not invalidate any action taken on the application.
3.
Protest petitions. In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement explaining that property owners within six hundred (600) feet from the boundaries of the district to be changed shall have the opportunity to submit a protest petition. The petition shall be in conformance with Section 400.1140 and shall be filed with the office of the Director no later than seven (7) days after the conclusion of the Planning Commission public hearing.
[Ord. No. 16-0100 §2, 1-4-2016]
Section 400.1070 Posting of Notice Signs.
[Zoning Order §4.160, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(4.160), 7-30-2008; Ord. No. 11-12-2008A §§1 — 2(4.160), 11-12-2008]
A.
Posting Of Notice Sign Requirement. At least fifteen (15) days prior to the date of the hearing, the applicant shall have placed on their premises a sign for all property for which an application is being considered and for which a public hearing is required informing the general public of the time and place of the public hearing. The sign shall be placed within ten (10) feet of the pavement edge, or as close thereto as possible, in a central position on the property that is the subject of the hearing. The contents of the sign shall be readily visible to the public and of a suitable size to be determined by the Director. If the property contains more than one (1) street frontage, one (1) sign shall be placed on each street frontage so as to face each of the streets abutting the land unless otherwise determined by the Director. The sign may be removed at the conclusion of the public hearing(s) and must be removed at the end of all proceedings on the application or upon withdrawal of the application within fifteen (15) days. Notice of the public hearing shall also be posted by the County at least fifteen (15) days in advance therefore in one (1) or more public areas of the courthouse and in the administration center of the County.
B.
Sign Protection.It shall be a violation of this UDO for any person to remove, deface or destroy any sign provided for in Subsection (A) of this Section.
D.
A sign is not required to be posted for public hearings for variance requests in accordance with Section 400.1080(A)(7).
Section 400.1080 Public Hearings.
[Zoning Order §4.170, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(4.170), 7-30-2008]
A.
When Required. The following applications require a public hearing:
1.
Zoning text amendment;
2.
Rezoning to a non-planned district ("RA-5", "LR-2", "R-40", "R-20", "R-10", "R-7", "NC-1", "CC-2" and "NPI");
[Ord. No. 16-0100 §2, 1-4-2016]
3.
Rezoning to a planned district ("PR-1", "PR-2", "PC", "PB", "PI" and "PM") with a conceptual plan;
4.
Conditional use permit;
5.
Development plan;
6.
Revised development plan (major revision); and
7.
Variance request.
C.
Purpose. The purpose of a public hearing is to provide the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application and to rebut evidence presented by others.
D.
Rules Of Procedure. The County Council, Planning Commission and Board of Zoning Adjustment may adopt rules of procedure for public hearings by ordinance, resolution or bylaws.
E.
Written Summary. An accurate written summary of the proceedings shall be made for all public hearings.
F.
Continuances.
1.
One (1) continuance as of right. Any applicant or authorized agent shall have the right to request in writing continuances of the consideration of any matter before the Planning Commission, County Council or Board of Zoning Adjustment, provided that the initial request shall be filed with the Director no less than twenty-four (24) hours prior to the date of the scheduled hearing and in the case of any subsequent continuances, requests shall be filed no less than three (3) business days prior to the date of the scheduled hearing. The Planning Division shall make every reasonable attempt to notify all persons previously notified by mail of the continuance, pursuant to Section 400.1060. The applicant shall pay the cost of renotifying.
2.
Additional continuances. In addition to the procedure provided for in paragraph (1) of this Subsection, the Planning Commission, Board of Zoning Adjustment or the County Council may grant a continuance. A majority vote of those members of the official body present at the meeting shall be required to grant a continuance. The record shall indicate the reason for the continuance and any stipulations or conditions placed upon the continuance. If the Planning Commission, County Council or Board of Zoning Adjustment agrees to a continuance of the public hearing, the Planning Division shall renotify property owners as provided in paragraph (3) of this Subsection if such notification was required in the first (1st) instance. The applicant shall pay the cost of renotifying.
3.
Treatment of continuance and notice requirements. If an item that is subject to a public hearing is continued or otherwise carried over to a subsequent date and the public hearing has been opened, the public hearing shall not be deemed concluded until the date on which the hearing is formally closed. If a continuance provides the date on which the matter will be heard, republication of notice is not required. If a continuance does not specify a date on which the matter will be heard, public notice pursuant to Sections 400.1050, 400.1060 and 400.1070, as applicable, shall be provided prior to the date on which the matter is heard.
Section 400.1110 Consideration of Rezoning, Conditional Use Permits, and Zoning Text Amendments.
[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.”
Section 400.1120 Rezoning - Application - Contents and Submission Requirements.
[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.
Section 400.1130 Conditional Use Permit - Applications - Contents and Submission Requirements.
[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.
Section 400.1140 Consideration of Rezoning and Conditional Use Permits.
[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.
Section 400.1150 Conditional Use Permits - Transferability, Lapse, Expiration and Revocation.
[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.
Section 400.1160 Rezoning For Lesser Change.
[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.
Section 400.1170 Dual Applications.
[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.
Section 400.1175 Large Residential Developments – Planned Zoning and Traffic Study Required.
[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.
Section 400.1180 Limitation On Successive Applications By Landowner.
[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.
Section 400.1210 Development Plans - When Required.
[Zoning Order §4.300, 4-2-2008]
A.
A development plan application shall be submitted in the "PR-1", "PR-2", "PC", "PB", "PI" and "PM" Districts for the following reasons:
1.
The rezoning of any property;
2.
The development of any non-industrial vacant property not previously approved as part of a development plan;
3.
The redevelopment of any property; or
4.
A change in the primary use of property that negatively impacts traffic circulation or significantly intensifies traffic generation necessitating the formation and approval of a development agreement by and between the developer and the County Council for identified traffic improvements.
B.
A development plan need not be submitted for any rezoning to the "RA-5", "LR-2", "R-40", "R-20", "R-10", "R-7", "NC-1", "CC-2" and "NPI" Districts or any development in the "RA-5", "LR-2", "R-40", "R-20", "R-10", "R-7", "NC-1", "CC-2" and "NPI" Districts if the applicant does not propose the modification of any regulation contained in this UDO pursuant to Section 400.1230(E). An applicant may submit a separate application for a preliminary plat with any application for rezoning to the "RA-5", "LR-2", "R-40", "R-20", "R-10", "R-7", "NC-1", "CC-2" and "NPI" Districts and the Planning Commission shall consider such preliminary plat simultaneously at the same hearing at which such rezoning is being considered and not delay consideration of such plat.
[Ord. No. 16-0100 §2, 1-4-2016]
C.
When the rezoning of property is requested and a development plan is required by this UDO, a development plan shall be submitted and reviewed by the Planning Commission and County Council simultaneously with the rezoning of the property.
D.
No development plan is required if the County initiates the rezoning of property.
Section 400.1220 Development Plans - Applications - Contents and Submission Requirements.
[Zoning Order §4.310, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 12-0628 §2, 9-13-2012]
A.
The number of copies of the development plan, as required by the Director, shall be submitted when required by Section 400.1210. The development plan shall be accompanied by application requirements contained in Section 400.1140(D).
B.
The proposed development plan shall also include the following:
1.
Name of the development and date submitted.
2.
North arrow and scale not to exceed 1:100.
3.
Parcel numbers of the property.
4.
Small key map with north arrow indicating the location of the property within the County.
5.
Name, address and telephone number of the applicant and the name, address and telephone number of the landowner if different than the applicant.
6.
Name, address and telephone number of the certified professional who prepared or is responsible for preparing the plan. When a development plan is required and the petitioner is proposing a land use in an existing building or expanding the existing building by either fifty percent (50%) or three thousand (3,000) square feet, whichever is more restrictive, the development plan does not need to be submitted by a certified professional.
7.
Property lines with distances and bearings.
8.
Any land areas within the floodway and 100-year floodplain, from the FEMA maps or better, on and within two hundred (200) feet of the site.
9.
Existing grades or contours, from the U.S.G.S. maps or other maps available to the applicant with the most detail for the area or better, for the entire site and within two hundred (200) feet of the site.
10.
Identify all existing lots, buildings and structures, public and private rights-of-way, access drives, utility and roadway easements, wet or wet-weather watercourses and other significant physical features for the entire site and within two hundred (200) feet of the site.
11.
Approximate location, dimension and area in square feet of all proposed buildings, structures and lot arrangements, wherever applicable.
12.
Proposed general uses of all buildings, structures and lots, whenever applicable, if known.
13.
Approximate location of proposed streets.
14.
Approximate location of proposed roadway and utility easements.
15.
Approximate location and dimension of all parking areas, drives, sidewalks/pedestrian ways.
17.
Proposed maximum number of units, density, lot sizes and type(s) of uses.
18.
Location, massing and pattern of existing and proposed screening, buffering and landscaping as described in Article XIV.
19.
A phasing plan, if known. The applicant may modify the phasing plan at its sole discretion, provided however, the County is promptly notified of such modifications.
Section 400.1230 Consideration of Development Plans.
[Zoning Order §4.320, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016]
A.
Review Of Plans. County staff shall review and prepare an analysis of the development plan application. The results of this analysis shall be in the form of a staff report for the Planning Commission's consideration.
B.
Planning Commission Hearing. The Planning Commission shall hold a hearing pursuant to Sections 400.1080 and 400.1110 to consider the development plan application. Notice and notification of the hearing shall be given pursuant to Sections 400.1050 and 400.1060 and notice shall be posted on the property pursuant to Section 400.1070. Upon conclusion of the public hearing, the Planning Commission shall forward its recommendation to the County Council for final action. Following review and recommendation by the Planning Commission, the County Council may take any of the actions set forth in Section 400.1110.
C.
Criteria For Approval. The Planning Commission and County Council shall use the applicable zoning district regulations as a guide for review of the development plan. If the Planning Commission and/or County Council imposes conditions or restrictions on a development plan, it may designate specific requirements that must be met before an applicant may submit a preliminary plat or site development plan application. The County Council, in establishing conditions of approval, may require the applicant to execute a "development agreement" that is acceptable to both the applicant and the County. This "development agreement" shall become part and parcel to the ordinance approving the rezoning of the property that the development plan represents. In considering any development plan application, the Planning Commission and the County Council may give consideration to the criteria stated Section 400.1140(D), applicable to rezoning and conditional use permit applications, and may also consider the following criteria:
1.
Development is designed, located and proposed to be operated so that the public health, safety and welfare will be protected;
2.
Development will not impede the normal and orderly development and improvement of the surrounding property; and
3.
Development incorporates adequate ingress and egress and an internal street network that provides for the efficient flow of traffic.
D.
Modification From The Regulations. The Planning Commission may recommend and the County Council may approve, pursuant to the procedures set forth in this Section, a development plan that modifies one (1) or more of the restrictions or regulations found in this UDO including, but not limited to, density and minimum lot size requirements, floor area ratios, building setback requirements, design standards, required minimum public improvements, maximum structure heights, parking, landscaping, buffering and tree protection requirements. Uses permitted as of right, uses permitted with conditions and conditional uses within each district, as set forth in Article V, cannot be modified pursuant to this Subsection, unless qualifying as materially similar uses as specified in Article V of this UDO. A development plan that contains proposed modifications from one (1) or more of the restrictions or requirements of this UDO, as authorized by this Subsection, may be recommended for approval or approved, as the case may be, if the appropriate entity concludes, in addition to the criteria for approval set forth in Subsection (C) of this Section, that the development proposed by the development plan is in the best interest of the County, incorporates sound planning principles and design elements that are compatible with surrounding properties and consistent throughout the proposed project, effectively utilize the land upon which the development is proposed and further the stated goals and intent of this UDO. A separate vote on the proposed modifications is not required by this Subsection. It is the intent of this Subsection that the Planning Commission and the County Council evaluate the proposed development plan to determine if, as a whole, it is consistent with the approval criteria set forth herein and the purposes of this UDO.
E.
Development Plan In Rezoning Ordinance. Any development plan submitted with a rezoning application shall become part of the ordinance that amends the zoning map.
F.
Development Plans For Non-Residential Uses Allowed By Right In Residential Districts. The Planning Commission and County Council may also evaluate the following criteria in considering development plans that propose non-residential uses in residential districts.
1.
The capability of the site to accommodate the building, parking and drives with appropriate open space and safe and easy ingress and egress.
2.
The degree of harmony between the proposed building and the surrounding neighborhood.
3.
The appropriateness of the minimum dimensions and areas of lots and yards contained in the applicable zoning district regulations may be considered and increased.
Section 400.1240 Revised Development Plans.
[Zoning Order §4.330, 4-2-2008]
A.
Requirement. Once a development plan has been approved, changes in the development plan may only be made after approval of a revised development plan.
B.
Procedure For Revised Development Plan Applications. When an application for a revised development plan is filed, the Director shall determine whether the revised development plan involves substantial changes, minor changes or reconfiguration of building locations and shall notify the applicant within ten (10) days of the nature of the requested changes and of the procedure that applies to consideration of the application for a revised development plan. The determination of the Director may be appealed to the County Council.
C.
Substantial Changes. Substantial changes, as defined in this Section, to the approved development plan may only be approved by the County Council after review and recommendation by the Planning Commission. A "substantial change" is a change that alters the uses in the proposed plan, increases the density by greater than ten percent (10%) or materially changes the traffic configuration in the plan. Approval of substantial changes to the approved development plan shall follow the procedure for original approval of the development plan set forth in Section 400.1230. If the substantial changes incorporate non-residential uses in a residential district, the standards contained in Section 400.1230(G) shall also be used to evaluate the proposed changes.
D.
Minor Changes. Minor changes to the approved development plan, as defined in this Section, may be approved by the Director in writing.
E.
Criteria For Revised Development Plan. In determining whether to approve an application for a revised development plan, the Planning Commission or County Council shall apply the criteria set forth in Section 400.1230(D). In the event that the application for the revised development plan is denied, the previously approved development plan will remain in effect.
Section 400.1250 Development Plans - Building.
[Zoning Order §4.340, 4-2-2008]
No building permit shall be issued as a result of the sole approval of a development plan. Final subdivision plat recording or site development plan approval are necessary prerequisites for building permit consideration.
Section 400.1260 Limitation On Successive Applications For Major Change in A Development Plan By Landowner.
[Zoning Order §4.350, 4-2-2008]
A.
No application for a major change in a development plan shall be accepted if any application for substantially the same property has been filed and advertised for public hearing within the preceding sixty (60) calendar days.
B.
For purposes of Subsection (A) of this Section, the preceding sixty (60) day period shall be determined as follows:
1.
If there was final action (either approval or denial) on the prior application, the sixty (60) day period shall run from the date of such action.
2.
If a prior application was withdrawn after being advertised for public hearing, a sixty (60) day limitation on successive applications shall run from the date the application was withdrawn.
C.
The Director shall determine if an application concerns "substantially the same property" as a prior application. The landowner may appeal any such determination to the County Council.
D.
No application for a major change in a development plan shall be accepted for a period of six (6) months after any application for substantially the same property has been filed and advertised for public hearing for a second (2nd) time in any preceding six (6) months, unless for reasons beyond the applicant's control.
E.
The County Council may waive the limitation in this Section for good cause.
Section 400.1270 Conceptual Development Plan - When Permitted ("PM" Zone District).
[Zoning Order §4.360, 4-2-2008]
A.
Statement Of Intent. A conceptual development plan is designed to allow review of large-scale, mixed-use developments prior to review of one (1) or more development plans for part or all of the property. A conceptual development plan is not intended to replace a development plan, but rather is designed to provide additional flexibility to review larger developments in the early stages of the development process. A conceptual development plan provides a framework for which phases of the development will occur and when.
B.
When Allowed. A conceptual development plan will be allowed for any mixed-use development ("PM" Planned Mixed-Use District) that is twenty (20) acres or larger. A conceptual development plan does not substitute for a development plan, but may be reviewed and approved prior to consideration of one (1) or more development plans for the property.
C.
Submission Requirements. All contiguous property under common ownership, common control or common option to purchase shall be shown on the conceptual development plan and the following materials and information shall be submitted with a conceptual development plan application:
2.
Total number of dwelling units, if applicable;
3.
Total square feet of non-residential development;
4.
General street layout;
5.
General lot and parcel layout including all structures;
6.
Typical structure elevations;
7.
Preliminary water and sanitary sewer availability calculations;
8.
Conceptual landscape plan;
9.
Any other information as may be deemed reasonably necessary by the Director to provide adequate review of the application; and
10.
An existing conditions map showing grades, vegetation and other features.
D.
Consideration Of Conceptual Development Plans. The Planning Commission shall consider the conceptual development plan at a public hearing pursuant to Sections 400.1080 and 400.1110, with prior notice as set forth in Sections 400.1050, 400.1060 and 400.1070. The Planning Commission shall review and recommend to the County Council the conceptual development plan using the standards and criteria set forth in Section 400.1230. If a rezoning of the property is requested, the conceptual development plan shall be considered simultaneously with the rezoning of the property. Approval of a conceptual development plan shall then become part of the ordinance that amends the zoning map. Approval of the conceptual development plan does not constitute approval of a development plan for any phase shown on the conceptual development plan. By approving the conceptual development plan, the County Council is preserving to itself full legislative discretion to review a development plan for each phase shown on the conceptual development plan or for the entire property, as may be applicable, including review and consideration of all criteria governing development plans as set forth in this UDO.
[Ord. No. 16-0100 §2, 1-4-2016]
E.
Limitation On Development. No development may occur on any property in planned zoning districts for which only a conceptual development plan has been approved. If the conceptual development plan is used, no construction may occur on any such property until one (1) or more development plans have been approved in accordance with this UDO.
Section 400.1280 Platting.
[Zoning Order Div. V, Art. 16, 4-2-2008]
See Article XVI, Division 2, for platting.