[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.”