[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.
[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.
[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.
[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.)
[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.
[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;
2. 
The appropriate filing fee as authorized by Section 400.160 of this UDO;
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.
[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.
[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.
[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.
[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.
[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.
B. 
A decision to deny a zoning text amendment, zone change or any application for which an ordinance is required, is final when:
1. 
The County Council votes to deny the amendment, zone change or application.
[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.
[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.