[Zoning Order §16.010, 4-2-2008; Resolution 1-14-2010A
Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
Except as otherwise noted in this Article for minor subdivisions, the regulations contained herein apply to the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for the purpose of sale or building development, whether immediate or future, including the resubdivision or replatting of land or lots and site development plans where no lots are created. Where land is being divided into parcels of ten (10) acres or more, those parcels are exempt from the regulations of Article XVI. Furthermore, the Office of the Recorder of Deeds shall not record a deed that contains a metes and bounds description conveying a tract of land containing less than ten (10) acres unless the Planning Division has exempted the deed.
[Zoning Order §16.020, 4-2-2008]
A.
The
County shall be responsible for enforcing the following requirements
regarding the subdivision and platting of property:
1.
No subdivision (except a minor subdivision as defined herein) may
be developed in the County until both a preliminary plat and improvement
plans have been filed and approved and all applicable conditions of
this Article have been satisfied.
2.
No person shall create a minor subdivision, plat amendment or any
other similar act within the County, except in conformance with the
provisions of this Article.
3.
No lot, tract or parcel of land shall be divided by a metes and bounds
description for the purpose of sale, transfer or lease, except in
conformity with these requirements.
4.
No subdivision shall contain a lot that is less than the minimum
dimensions set out in the applicable zoning district regulations.
5.
No lot, tract or parcel of land, as part of any plat or replat of
any subdivision, shall be sold, traded or legal title otherwise conveyed
by deed unless the plat or replat first shall have been approved in
accordance with the provisions of this Article and recorded in the
office of the Recorder of Deeds.
6.
No building permit shall be issued for the construction of any building
or structure located on a lot, tract or parcel or plat divided or
sold in violation of the provisions of this Article.
7.
No building permit shall be issued for a lot, unless said lot is
platted in conformance with this Article.
8.
No person shall change any recorded subdivision plat, if the change
affects any street layout shown on the plat or area reserved for public
use or any lot line or if it affects any plat legally recorded prior
to the effective date of this Article, unless the parcel shall be
approved by the County under the procedures established by this Article.
9.
No changes, erasures, modifications or revisions (other than to correct
errors or minor changes consistent with the approval of the Planning
and Zoning Commission, Planning Commission, as determined by the Director)
shall be made to any plat after approval has been given by the Planning
Commission, unless the plat is first resubmitted for review and approved
as required by this Article.
[Zoning Order §16.030, 4-2-2008]
There shall be no construction or building across a property
line in the County. If a construction project is to be constructed
on or across two (2) or more separately platted or subdivided lots,
these lots or properties must be replatted into a single lot or property
in accordance with the provisions of this Article before a building
permit is issued for the project.
[Zoning Order §16.040, 4-2-2008]
All conditions of approval of a subdivision that run with the
land, the acceptance of dedications of land by the County Council
and all deviations granted by the Planning Commission shall be clearly
stated on the final plat prior to its recording.
[Zoning Order §16.050, 4-2-2008]
The Planning Commission may approve, pursuant to the procedures set forth in Article IV of this UDO, a subdivision plat 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, development standards of Article VII of this UDO, 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 in each zone 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 subdivision plat that contains proposed deviations from one (1) or more restrictions or requirements of this UDO, as authorized by this Subsection, may be approved if the Planning Commission concludes that the development proposed by the subdivision plat 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 subdivision is proposed and further the goals, spirit and intent of the Jefferson County official Master Plan and this UDO. Any proposed deviation must be identified on the submitted preliminary plat. A separate vote on proposed deviations is not required, but is at the discretion of the Planning Commission.
[Zoning Order §16.060, 4-2-2008]
A.
Any
proposed development of property using the condominium form of ownership
shall be treated by the County, for all purposes under the UDO and
the Building Code, the same as a physically identical development
under a different form of ownership.
B.
In
addition to any submission requirements in the UDO for a conditional
use permit application, rezoning application, development plan application
or plat application, the County may require an applicant using the
condominium form of ownership to submit with the application the condominium
declaration and the condominium plat that are prepared in conformance
with Chapter 448, RSMo. This information may be used to evaluate the
application under the procedures, standards and criteria that are
applicable to the application under the UDO.
[Zoning Order §16.070, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(16.070), 7-30-2008]
A.
Stop Work Orders.
1.
In addition to the other authority granted by this Article, the County
may post a site with a stop work order directing that all or any portion
of the development activity cease immediately, provided that:
a.
The County determines that the development activity violates a condition
or requirement of the permit or approved plan or any provisions of
this Article or regulations;
b.
Written warning notice is furnished to the permittee or the permittee's
representative that lists deficiencies and the time within which the
corrections must be made; and
c.
The permittee fails to comply with the warning notice within the
specified time.
2.
A person must not continue or permit the continuance of work in an
area covered by a stop work order, except work required to correct
deficiencies.
3.
For the purposes of this Article, a stop work order is validly posted
by posting a copy of the stop work order on the site of the development
activity in reasonable proximity to a location where the activity
is taking place.
4.
Except as otherwise provided, the County must provide written notice
to the permittee or a representative of the permittee when a stop
work order is issued. A copy of the order, in the case of work for
which there is a permit, shall be mailed by first class mail, postage
prepaid, to the address listed by the permittee on the permit. In
the case of work for which there is no permit, a copy of the order
shall be mailed to the person listed as owner of the property by Jefferson
County. The permittee is responsible for the actions of agents of
the permittee and must notify those agents when a stop work order
is issued that will affect an area within which the agents are to
work. In this regard, "agent" is defined as any person
who acts at the instruction, with the permission, or to the benefit
of the permittee.
