[1]
Editor’s Note: Former Section 400.5740, Board Of Zoning
Adjustment – Continuation, was repealed 2-14-2017 by Ord. No.
17-0158.
[Zoning Order §17.020, 4-2-2008; Ord. No. 17-0158, 2-14-2017]
A.
The Board shall consist of five (5) members appointed by the County
Executive with the advice and consent of the County Council, not more
than one (1) of whom shall be a resident of the incorporated areas
of Jefferson County.
B.
Members shall be appointed for terms of no more than three (3) years
each, as is set forth in the Executive Order appointing each member.
The initial terms of appointed members shall be staggered and may
be for less than three (3) years as set forth in the Executive Order
appointing each member. Members may be removed for just cause by the
County Council. Just cause shall include being absent from three (3)
or more meetings in any calendar year. Vacancies shall be filled by
the County Executive with the advice and consent of the County Council
for the unexpired term of any member whose term becomes vacant.
C.
The Board shall elect its own Chairperson and shall adopt rules of
procedure for the conduct of its business. The Chairperson, or in
the Chairperson's absence the Acting Chairperson, shall conduct each
meeting. The Chairperson may administer oaths and compel the attendance
of witnesses. All meetings of the Board shall be open to the public
and minutes shall be kept of all proceedings and official actions,
said minutes shall be filed in the office of the Board and shall be
a public record. The minutes shall show the vote of each member upon
questions or, if absent or failing to vote, indicating this fact.
All testimony, objections and rulings shall be recorded.
[Zoning Order §17.025, 4-2-2008]
A.
Appeals
to the Board may be taken by any owner, lessee or tenant of land or
by a public officer, department, board or bureau affected by any decision
of the Zoning Official in administering this UDO.
B.
An appeal shall be taken within a period of not more than three (3) months and in the manner provided by the rules of the Board and shall be accompanied by a filing fee payable to Jefferson County. The Jefferson County Fees Schedule for Planning and Zoning Activities, as set out in Chapter 401 of this Code, shall establish the amount of the filing fee, as amended. The filing fee includes costs associated with processing the application, preparing the agenda and staff report and publishing required notices. No portion of the filing fee shall be refunded to the applicant. Any expenditure incurred by the Board in excess of the filing fee (i.e., aerial photographs), necessary and incident to the processing of the application, shall be billed to the applicant and payable prior to the hearing. The Board shall not incur expenditures in excess of the filing fee without the consent of the applicant. If the applicant does not consent to any such additional expenditure, then the application shall be considered without the additional information sought with the expenditure. All documents relating to the case shall be forwarded to the Board, constituting the record of action taken by the Zoning Official.
C.
An
appeal shall stay all proceedings in furtherance of the action from
which the appeal is taken, unless the officer from whom the appeal
is taken shall certify to the Board that by reason of facts stated
in the certificate a stay would, in the Zoning Official's opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed other than by a restraining order that may be
granted by the Board or by a court of competent jurisdiction on application
or notice to the Zoning Official from whom the appeal is taken and
on due cause shown.
D.
The
Board shall fix a reasonable time for the hearing of the appeal and
give public notice by publication at least once in a local newspaper
of general circulation not less than five (5) or more than fifteen
(15) days prior to the hearing. The Board shall also mail notice of
the hearing to the owners or agents of property adjoining or fronting
upon the property involved in the appeal.
E.
Upon
hearing, any party may appear in person or by agent or by attorney.
The concurring vote of the quorum shall be necessary to effect a decision.
F.
The
Board may render its decision the day of the hearing or may continue
the case to a date certain for future consideration, which shall be
no later than ninety (90) days after the date of the hearing. The
appellant and the Zoning Official from whom the appeal is taken shall
be notified in writing of the decision of the Board.
[Zoning Order §17.030, 4-2-2008]
A.
The
Board shall have the following powers:
1.
To hear and decide appeals where it is alleged there is error of
law in any order, requirement, decision or determination made by the
Zoning Official in the enforcement of this UDO.
2.
To hear and decide all matters referred to it or which it is required
to determine under this UDO.
3.
To vary or modify the application of any of the regulations or provisions of Article V of this UDO, so as to relieve demonstrable difficulties or hardships.
4.
To vary the setback standards for accessory uses and accessory structures as set forth in this UDO in accordance with exceptional conditions as stated in Section 400.5770(B).
[Ord. No. 20-0406, 9-29-2020[1]]
[1]
Editor's Note: This ordinance repealed former Subsection (A)(5),
regarding varying the parking and loading regulations set forth in
this UDO, and provided for the redesignation of former Subsection
(A)(6) and (7) as Subsection (A)(5) and (6), respectively.
5.
To vary the signage regulations set forth in this UDO in accordance with exceptional conditions as stated in Section 400.5770(B).
6.
To hear and decide appeals to the Zoning Official's determination
of the existence of non-conforming uses as set forth in this UDO.
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In exercising the above powers, the Board may reverse or affirm,
wholly or partly, or may modify the ordinance, requirement, decision
or determination of the Zoning Official. To that end the Board shall
have all the powers of the official from whom the appeal is taken.
In no event, however, shall the Board allow a use to be placed in
a zoning district in which it is not permitted under this UDO nor
decide an appeal from a legislative action of the County Council.
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B.
To
be granted a variance, an applicant must show the following:
1.
The variance requested arises from a condition which is unique and
peculiar to the property in question and is not created by an action
or actions of the property owner or applicant.
2.
Where, by reason of exceptional narrowness, shallowness, shape or
topography or other extraordinary or exceptional situation or condition
of a specific piece of property, the strict application of the provisions
of the regulations complained of will constitute peculiar and exceptional
difficulties to or exceptional and demonstrable undue hardship upon
the owner of the property, as an unreasonable deprivation of use as
distinguished from the mere grant of a privilege.
3.
The variance requested will not cause substantial detriment to the
public health, safety, morals and general welfare of the community.
4.
The granting of the variance will not substantially impair the intent,
purpose and integrity of the zone plan as embodied in the UDO.
C.
In
granting a variance, the Board:
1.
May impose such conditions, safeguards and restrictions or require
improvements upon the premises benefited by the variance as may be
necessary to reduce or minimize any potentially injurious effect of
the variance upon other property in the neighborhood and to carry
out the general purpose and intent of these regulations;
2.
Shall require the variance, where appropriate, to be recorded with
the County Recorder of Deeds by the Planning Division and any costs
of recording be paid by the applicant to be effective;
3.
May require the applicant to guarantee the installation of required
improvements. The guarantee shall be secured by an instrument acceptable
to the Board in an amount that shall be based on a general estimate
of cost for the required improvements as determined by the Director
and shall be enforceable by or payable to the County in the sum equal
to the cost of constructing the required improvements. In place of
a security instrument, the Board may set the effective date for the
variance as subsequent to completion of the conditions, safeguards
and restrictions.
4.
In lieu of the secured guarantee or delayed effective date, the Board
may specify a time limit for completion of the required improvements
and in the event the improvements are not completed within the specified
time, the Board may, at a regularly scheduled meeting and after notice
to applicant, revoke the approval of the variance.
5.
Shall issue an order stating the findings of fact and conclusions
of law for reaching the decision.
[Zoning Order §17.040, 4-2-2008; Resolution 1-14-2010A
Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 16-0100 §2, 1-4-2016]
Appeal from any final action of the Board may be made to the
Circuit Court within thirty (30) days after the decision of the Board
of Zoning Adjustment. Appeals pursuant to this Section shall be filed
pursuant to the procedures set forth in Section 64.870.2, RSMo.
[Zoning Order §17.050, 4-2-2008]
Whenever any application or petition presented has been finally
acted upon by the Board, the Board shall not, for a period of twelve
(12) months from the date of its decision, receive or entertain any
identical or similar application seeking the same or similar relief
on the same property.
[1]
Editor’s Note: Former Section 400.5820, Planning And
Zoning Commission – Continuation, was repealed 2-14-2017 by
Ord. No. 17-0158.
[Zoning Order §17.100, 4-2-2008; Ord. No. 17-0158, 2-14-2017]
A.
The Planning Commission shall consist of nine (9) members to be appointed
by the County Executive with consent of the County Council as follows:
one (1) member shall be appointed from each Council District, and
two (2) members shall be appointed from the County at-large. The two
(2) at-large members must be residents of the unincorporated area
of Jefferson County.
B.
The term of each appointed member shall be no more than three (3)
years, or as is set forth in the Executive Order appointing each member.
The initial terms of appointed members shall be staggered and may
be for less than three (3) years as set forth in the Executive Order
appointing each member.
D.
All members of the Planning Commission shall serve without compensation,
except that an attendance fee as reimbursement for expenses may be
paid to the appointed members of the Planning Commission in an amount,
as set by the County Council, not to exceed twenty-five dollars ($25.00)
per meeting.
E.
The Planning Commission Shall Elect Its Chairperson. The term of
the Chairperson shall be for one (1) year with eligibility for re-election.
F.
Members may be removed from the Planning Commission by the County
Council for just cause. Just cause shall include being absent from
three (3) or more meetings in any calendar year.
[Zoning Order §17.110, 4-2-2008]
The Planning Commission shall hold regular meetings and special
meetings as they provide for by rule and shall adopt rules for the
transaction of its business. The Planning Commission shall keep a
public record of its resolutions, transactions, findings and recommendations.
[Zoning Order §17.120, 4-2-2008]
A.
The
powers and duties of the Planning Commission shall be those authorized
by Sections 64.800, RSMo., et seq., as amended, and shall include,
but not be limited to:
1.
Preparation of an official Master Plan of the County for the purpose
of bringing about coordinated physical development in accordance with
the present and future needs. The official Master Plan shall be developed
so as to conserve the natural resources of the County, to insure efficient
expenditure of public funds and to promote the health, safety, convenience,
prosperity and general welfare of the inhabitants. The official Master
Plan may include, among other things, studies and recommendations
relative to the location, character and extent of highways, railroads,
bus, streetcar and other transportation routes, bridges, public buildings,
schools, parks, parkways, forests, wildlife refuges, dams and projects
affecting conservation of natural resources.
2.
Preparation of written recommendations to the County Council respecting
whether the construction of any improvement of a type embraced within
the recommendations of the official Master Plan or part thereof is
consistent with the official Master Plan.
3.
Accepting, in lieu of the immediate completion or installation of
the work, a guarantee agreement secured by cash deposit with the County
Treasurer, a letter of credit or certificate of deposit for the County
Council in the amount and with surety and conditions satisfactory
to the County Council, providing for and securing to the County Council
the actual construction of the improvements and utilities within a
period specified by the Planning Commission and the County Executive
shall have power to enforce the guarantee agreement by all proper
remedies.
4.
Review and comment of preliminary plats of subdivisions as distributed within the specified time period in Article XVI; requesting a hearing for a preliminary plat through the Planning Commission Chair.
5.
Approve final plats of subdivisions of land within the unincorporated
area of the County or the portion thereof covered by the major highway
plan. If the Planning Commission does not report upon the final plat
within thirty (30) days, it may then be deemed approved by the Planning
Commission and the County Council shall certify the fact upon the
final plat. If the final plat is approved by the Planning Commission,
the approval shall be endorsed in writing thereon. However, if the
final plat be amended or rejected by the Planning Commission or if
the Council or Board of Trustees of any municipality files with the
Planning Commission a certified copy of a resolution of the Council
or Board protesting against the action of the Planning Commission
approving any final plat of any land lying within one and one-half
(1½) miles of the limits of the incorporated area of the municipality,
the approval shall be deemed overruled and the final plat may be then
approved only by a majority vote of the County Council and the reasons
for the approval or failure to approve the final plat shall be spread
upon the records of the County Council and certified to the Planning
Commission. No final plat of subdivision of land in the unincorporated
areas of the County shall be recorded in the office of the Recorder
of Deeds unless and until approved as herein provided.
6.
Upon written request of any municipality, consider plats covering
lands within the corporate boundaries of the requesting municipality
and report its findings and its recommendations thereon in writing
to the proper officials of the municipality.
