Land Use Committee
Amendment II
May 22, 1995
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE repealing chapters 26, 27, 33, 82, 239, and 240, Jackson County Code, 1984, relating to the development of land, and enacting, in lieu thereof, one new chapter relating to the same subject, to be known as chapter 240, the Unified Development Code of Jackson County.
Intro
ORDINANCE 2363, January 3, 1995
INTRODUCED BY Dennis Waits and Fred Arbanas, County Legislators
Body
This Ordinance is hereby amended in the following respects:
(Page 86) Section 24003.19 ZONING AMENDMENTS
a. Zoning Amendments Authorized. The text of these zoning regulations or the
zoning map that establishes the boundaries of zoning districts may be amended,
consistent with the adopted Master Plan, from time to time by ordinance of the
County Legislature, in the manner provided in this section.
b. Initiation of Application. An owner of real property within the County, or that
owner's authorized representative, may, upon proof of ownership, apply for
amendment of the text of the zoning regulations or a change in zoning district
boundaries for that landowner's property. Such amendment also may be initiated
by the County Plan Commission, County staff or the County Legislature.
c. Application. When the owner of the affected property initiates an amendment
to the regulations or the district boundaries, an application for such amendment
shall be obtained from the Director. Said application shall be completed in its
entirety and filed with the Director who will establish a public hearing date before
the Plan Commission.
d. Information Required in Amendment Application. When the application
involves a change in the zoning district map, the applicant shall submit the
following information:
1. A legal description of the property;
2. A scaled map of the property, correlating with the legal description, and
clearly showing the property's location;
3. The name, address, and phone number of the applicant and property
owner.
4. A description of the present use of the property and existing zoning;
5. A description of the proposed use of the property and requested zoning;
6. The area of the property in square feet and/or acres;
7. The proposed time schedule for development;
8. The source/method for providing utility/infrastructure services to the
property;
9. A description of existing road conditions and any new roads to be
included in the development and of the effect the proposed development
will have on existing road and traffic conditions;
10. Declaration of the property's status relative to floodplain information
provided by FEMA;
11. A list of any state, federal, or other public agencies' approvals or permits
required for the proposed development;
12. The effect the proposed development may have on surrounding
properties;
13. Additional exhibits as may be required by the Director such as a site plan
showing elevations of property, location and size of all existing and
proposed structures, roadways, easements, and parking areas, and the
location of present and proposed points of access of the property;
14. The signatures(s) of the applicant(s) and owners(s) certifying the
accuracy of the required information.
e. Public Hearing.
1. The Plan Commission shall hold a public hearing on each proposed
zoning amendment that is referred to, filed with or initiated by it. Such
hearing shall be held in any place in the County designated by the Plan
Commission regardless of the location of the land affected by such
amendment or amendments.
2. An applicant for zoning amendment may request a postponement of a
scheduled public hearing on such request not less than ten (10) days
prior to the scheduled public hearing. In the event that any publication or
notification has been made by the County of the public hearing prior to
such request for postponement, such applicant shall include with the
request payment to the County of such fee for postponement as may be
set by ordinance by the County Legislature.
f. Special Notice Requirements.
1. In advance of any public hearing required by this section, notice shall be
published pursuant to Section 24003.5, except such hearings as may
have been continued. If such continuance of a public hearing is to a
specific date and a time no later than sixty (60) days from the first hea ing
for which required notice was given, the announcement of the
continuance at the originally scheduled hearing time and location is
sufficient notice of the continued public hearing and no additional notice
is required.
2. Published notice of a zoning amendment shall contain, in addition to all
of the requirements of Section 24003.5, a statement describing the
proposed change in regulations or restrictions, or the zoning classificat on
or zoning district boundaries of the property. If the proposed amendment
would change the zoning classification of any property, or the boundaries
of any zoning district, such notice shall contain the address or general
location of such property, its present zoning classification, and the
proposed classification.
3. For a change in zoning district boundaries or other zoning map
amendment, the Director, at applicant's cost, shall give notice at least
fifteen (15) days prior to the hearing by certified mail, return receipt
requested, to property owners as provided in Section 24003.5.
[4. In addition, the Director shall provide notice by certified mail, at the
applicant's cost, to the legislative body of any incorporated municipality
within one and one-half (1
) miles of the perimeter boundary of any
portion of the property and to any political subdivision in which the
property is located.]
g. Report and Recommendation by Commission.
1. Upon conclusion of the public hearing, the Plan Commission shall forward to the
County Legislature a summary of all evidence taken in the hearing, together with
its recommendations for any change to zoning district boundaries and/or
regulations. Said recommendation may be for approval, disapproval, or approval
in part, and the reasons for the recommendations shall be included. The Plan
Commission also shall forward drafts of any ordinances necessary to effect the
amendment or change which may then be introduced in accordance with the
County Charter. The Chair of the Land Use Committee of the County Legislature
shall be notified of the recommendation of the Plan Commission by a copy of the
letter of transmittal.
2. Amendments to Text. When a proposed amendment would result in a change
in the text of these regulations but would not result in a change of zoning
classification of any specific property, the recommendation of the Plan
Commission shall describe:
(a) Whether such change is consistent with the intent and the purpose of this
chapter and the goals and policies of the Master Plan;
(b) The areas that are most likely to be directly affected by such change and
the likely effects; and
(c) Whether the proposed amendment is made necessary because of
changed or changing social values, new planning concepts, or other
social or economic conditions in the areas and zoning districts affected.
h. Decision by County Legislature.
1. Upon the receipt of the recommendation of the Plan Commission and written
public input, the County Legislature shall consider the application and may
approve the recommendation of the Plan Commission or take whatever other
action it deems appropriate. If an ordinance granting any application for
amendment or supplement to the zoning district classification is not introduced
in the County Legislature within ninety (90) days after the report of the Plan
Commission is received by the County Legislature, the application shall be
deemed denied.
2. Protest of Proposed Zoning Amendment. If a written protest against a proposed
amendment is signed by the owners of thirty (30) percent or more of the areas
of the land (exclusive of streets and alleys) either: 1) included in such proposed
amendment; or 2) within an area determined by lines drawn parallel to and in
accordance with the notification distance outlined in Section 24003.5 from the
boundaries of the district proposed to be changed, [or in cases where the land
affected lies within one and one-half (1
) miles of the limits of a municipality, by
the governing body,] is filed with the clerk of the Legislature, such amendment
may not be adopted except by the favorable vote of two-thirds (2/3) of all
members of the County Legislature.
i. Public Hearing. On introduction of an ordinance granting or denying an application for
amendment or supplement to the zoning district classifications, the County Legislature
shall hold a public hearing on the proposed ordinance before its Land Use Committee.
j. Public Hearing Notice. Notice of the time and place of the public hearing before the
Land Use Committee of the County Legislature shall be published in one newspaper
having general circulation within the County at least fifteen (15) days before the date of
said hearing. The Land Use Committee shall forward a recommendation to the County
Legislature.
k. Approved Action. If the County Legislature approves an application, it shall adopt an
ordinance to that effect. The amending ordinance shall define the change or boundary
as amended, order the official zoning map to be changed to reflect such amendment.
Attorney Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM: _________________________ _______________________________
County Counselor
I hereby certify that the attached Ordinance, Ordinance #2363 of January 5, 1995 was duly passed on _________________________, 1995 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______________ Nays _____________
Abstaining _________ Absents ____________
This Ordinance is hereby transmitted to the County Executive for her signature. ____________________ ________________________________ Date Mary Jo Brogoto, Clerk of Legislature
I hereby approve the attached Ordinance #2363.
_________________ _________________________________ Date Katheryn J. Shields, County Executive