[CC 2001 §405.630; Ord. No. 856 §12.13(1), 6-11-1987]
A.
Conditional
uses are those types of uses which are considered by the City to be
essentially desirable, necessary or convenient to the community, but
which by their nature or in their operation have
1.
A tendency to generate traffic,
2.
A potential for attracting a number of persons to the area of the
use, thus creating noise or other pollutants,
3.
A detrimental effect upon the value or potential development of other
properties in the neighborhood, or
4.
A potential for accidents or danger to public health or safety.
B.
It
is hereby declared that certain land uses and developments present
unique problems with respect to their proper location and relationship
to other land uses. Therefore, analysis and judgment of the consequences
of each development and use is necessary to preserve and to promote
the public health, safety and general welfare. Such land uses and
developments are identified in each particular zoning district under
conditional uses.
[CC 2001 §405.640; Ord. No. 856 §12.13(2), 6-11-1987]
A.
The
granting of a conditional use permit may be initiated by a verified
application of one (1) or more of the owners of record or owners under
contract of a lot or tract of land, or their authorized representatives,
or by a resolution of intention by the Planning and Zoning Commission
or the Board of Aldermen. Procedures for application, review and approval
of a conditional use permit shall be as follows:
1.
Application. Application for a conditional use permit
for a specific tract of land shall be addressed to the Planning and
Zoning Commission and filed in its public office. The application
shall be filed on forms prescribed for that purpose by the Planning
and Zoning Commission and be accompanied by the following:
2.
Public hearing. A public hearing on the application shall be held by the Planning and Zoning Commission in accordance with the provisions of Article XII, Amendments, except that the public notice shall indicate that the public hearing is for a conditional use permit. The public hearing shall be held within forty-five (45) days of verification by the Building Official that the petition meets the minimum application requirements. The public hearing requirements shall be the same if a petition for a conditional use permit is initiated by resolution of intention by the Planning and Zoning Commission or the Board of Aldermen. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in the City.
3.
Burden of proof. In presenting any application for
a conditional use permit to the Planning and Zoning Commission for
review and approval, the burden of proof shall rest with the applicant
to provide any necessary evidence required by the Commission to clearly
indicate that the proposed conditional use shall meeting the following
criteria:
a.
The proposed conditional use complies with all applicable provisions
of these regulations, including intensity of use regulations, yard
regulations and use limitations.
b.
The proposed conditional use at the specified location will contribute
to and promote the welfare or convenience of the public.
c.
The proposed conditional use will not cause injury to the value of
other property in the neighborhood in which it is to be located.
d.
The location and size of the conditional use, the nature and intensity
of the operation involved in or conducted in connection with it, and
the location of the site with respect to streets giving access to
it are such that the conditional use will not dominate the immediate
neighborhood so as to prevent development and use of neighboring property
in accordance with the applicable zoning district regulations and/or
the City's Comprehensive Plan. In determining whether the conditional
use will so dominate the immediate neighborhood, consideration shall
be given to:
e.
Off-street parking and loading areas will be provided in accordance
with the standards set forth in these regulations.
f.
Adequate utility, drainage, and other such necessary facilities have
been or will be provided.
g.
Adequate access roads or entrance and exit drives will be provided
and shall be so designed to prevent traffic hazards and to minimize
traffic congestion in public streets and alleys.
|
|
If the facts in the case do not establish that the findings
and standards set forth in this code will apply to the proposed use,
the Planning and Zoning Commission shall deny the conditional use
permit.
|
4.
Approval or denial of application. Subsequent to
public hearing, the Planning and Zoning Commission shall file a report
with the Board of Aldermen in which the Commission shall grant or
deny each application for a conditional use permit and state the reasons
therefore. The Planning and Zoning Commission may permit those developments
and uses where such developments and uses are deemed consistent with
good planning practice; can be operated in a manner that is not detrimental
to the permitted developments and uses in the district; can be developed
and operated in a manner that is visually compatible with the permitted
uses in the surrounding area; and are deemed essential or desirable
to preserve and promote the public health, safety and general welfare
of the City of Edmundson. In approving such conditional uses, the
Planning and Zoning Commission shall impose such conditions as it
determines necessary. Said conditions shall include, but not be limited
to, the following:
a.
Permitted uses, including maximum floor area.
b.
Performance standards.
c.
Height limitations.
d.
Minimum yard requirements.
e.
Off-street parking and loading requirements.
f.
Sign regulations.
g.
Minimum requirements for site development plans.
h.
Time limitations for duration of the use or subsequent review.
i.
Architectural elevations of any proposed structures.
j.
All proposed landscaping.
|
|
These, and any other conditions deemed necessary by the Commission,
may be made more restrictive than the minimum requirements of the
respective zoning district within which the conditional use will be
located.
|
5.
Permit effective, when. Unless the Board of Aldermen
exercises its power of review, or a duly filed protest is received
by the City Clerk, a conditional use permit, or an amendment thereto,
shall become effective following the regularly scheduled meeting of
the Board of Aldermen at which the report of the Planning and Zoning
Commission concerning the proposed conditional use permit is received.
In the event that a conditional use permit is filed in conjunction
with a change of zoning, the permit shall not become effective until
the date of enactment of the code authorizing the zoning change. In
the event that some additional approval is required by some other
governmental authority or agency, the permit shall not become effective
until that approval is received.
6.
Effect of denial. Upon denial by the Planning and
Zoning Commission of an application for a conditional use permit,
the Commission shall notify the applicant of the denial. If no appeal
is filed from the denial and if the Board of Aldermen does not exercise
its power of review, no subsequent application for a permit with reference
to the same property or part thereof shall be filed by any applicant
until the expiration of twelve (12) months after the denial. No provision
herein shall be construed to prevent the Planning and Zoning Commission
or the Board of Aldermen from initiating the procedure provided in
this Section by a resolution of intention at any time.
[CC 2001 §405.650; Ord. No. 856 §12.13(3), 6-11-1987; Ord. No. 1397 §5, 12-8-2011]
A.
Appeal Or Review Of Commission Decision. The Planning and
Zoning Commission may request review by the Board of Aldermen with
regard to any application for a conditional use permit. In addition,
upon a decision being reached by the Planning and Zoning Commission
concerning an application for a conditional use permit, an aggrieved
party may, within ten (10) days of the Commission's decision file
with the Board of Aldermen a written request for reconsideration and
appeal of any decision of the Planning and Zoning Commission under
this Article. The written request must set forth in a concise manner
the decision being appealed and all grounds known to the appellant
as to wherein and why the decision is allegedly in error. The request
for reconsideration and appeal must be filed with the City Clerk within
the time specified above. A copy of the request and all supporting
documents or materials filed by the aggrieved party must be served
by the aggrieved party on the applicant (if different than the aggrieved
party) by personal service or by certified U.S. mail, return receipt
requested, within three (3) days of filing with the City Clerk. Proof
of service on the applicant must be filed with the City Clerk within
six (6) days of filing of the request. The Board of Aldermen may consider
the appeal on the record of the prior decision and the City's records
or may, at its sole discretion, receive additional evidence in such
manner as it deems appropriate in light of the circumstances.
B.
Change In Regulations, Restrictions And Boundaries — Procedure. Such regulations, restrictions, and boundaries may from time to
time be amended, supplemented, changed, modified or repealed. In case,
however, of a protest against such change duly signed and acknowledged
by the owners of thirty percent (30%) or more, either of the areas
of the land (exclusive of streets and alleys) included in such proposed
change or within an area determined by lines drawn parallel to and
one hundred eighty-five (185) feet distant from the boundaries of
the district proposed to be changed, such amendment shall not become
effective except by the favorable vote of two-thirds (2/3) of all
the members of the Board of Aldermen. The provisions of Section 89.050,
RSMo., relative to public hearing and official notice shall apply
equally to all changes or amendments.
C.
Board Of Aldermen Review Of Decision. The Board of Aldermen
may exercise the power of review of any Planning and Zoning Commission
decision on an application for a conditional use permit, or an amendment
thereto, upon motion adopted by a majority vote at the regularly scheduled
meeting of the Board at which the report of the Planning and Zoning
Commission on the application is received.
D.
Public Hearing By The Board Of Aldermen.
1.
Before acting on any appeal or protest, the Board of Aldermen shall
set the matter for hearing. The Board of Aldermen shall give written
notice of such hearing to the applicant and all other persons who
appeared and spoke in opposition to the application at the public
hearing before the Planning and Zoning Commission or to the protestants
in the case of a protest. The applicant and the protestants in the
case of a protest shall be heard at the hearing. At least fifteen
(15) days' notice of the time and place of such hearing shall be published
in an official paper or a paper of general circulation in the City.
2.
In addition, any other person or persons whom, in the discretion
of the Board of Aldermen, will be aggrieved by any decision or action
with respect to an appeal or protest may also be heard at the hearing.
E.
Board Of Aldermen Decision. Following the hearing by the
Board of Aldermen on an appealed or protested application, the Board
of Aldermen may affirm, reverse or modify, in whole or in part, any
determination of the Planning and Zoning Commission. An affirmative
vote of two-thirds (2/3) of the members of the Board of Aldermen shall
be required to reverse or modify any determination of the Planning
and Zoning Commission.
[Ord. No. 1397 §4, 12-8-2011]
Once a conditional use permit, amendment to a conditional use
permit or transfer of a conditional use permit has been approved by
the Board of Aldermen, the permittee must submit a letter accepting
all conditions, safeguards and restrictions upon the conditional use.
The permittee shall within thirty (30) days of the adoption of the
resolution or ordinance granting the conditional use permit, amendment
to a conditional use permit or transfer of conditional use permit
notify the City Clerk in writing that the conditional use permit is
accepted and that the conditions, safeguards and restrictions set
forth therein are understood and will be complied with. Failure to
submit the required written acceptance will result in the rescinding
of the conditional use permit.
[CC 2001 §405.660; Ord. No. 856 §12.13(4), 6-11-1987; Ord. No. 1397 §3, 12-8-2011]
A.
Any
change in the scope, use or aspect of an operation approved for a
conditional use permit which results in a condition that differs from
the provisions contained in the approved conditional use permit requires
the approval of an amendment. All requests for amendments shall be
made in the same manner as an original application for a conditional
use permit.
B.
Changes
in the scope, use or aspect of an operation requiring approval of
an amendment include, but are not limited to:
[CC 2001 §405.670; Ord. No. 856 §12.13(5), 6-11-1987]
Prior to the issuance of any building permit, or permit authorizing
the use of the property in question, the property owner shall record
a copy of the approved conditional use permit, including all attached
conditions. The approved site plan, legal description of the property,
and outboundary survey, along with any subsequent amendments, shall
be recorded with the St. Louis County Recorder of Deeds.
[CC 2001 §405.680; Ord. No. 856 §12.13(6), 6-11-1987]
Conditional use permits shall be valid for an unlimited period
subject to the requirements of Section 405.640(5) unless a lesser
period shall be provided in a particular permit. Upon the expiration
of the time limit specified in a particular permit, the property owner
may request that the conditional use permit be reviewed by the Planning
and Zoning Commission, which may extend it for an unlimited period
or for a special additional period of years.
[CC 2001 §405.690; Ord. No. 856 §12.13(7), 6-11-1987]
Unless otherwise stated in the conditions of a particular conditional
use permit, substantial work, construction, or operation of the conditional
use where construction is not required shall commence within six (6)
months of the effective date of the permit unless such time period
is extended through appeal to and approval by the Planning and Zoning
Commission. If no appeal is made, or no extension of time is received
or granted, the permit shall immediately terminate upon expiration
of the six (6) month period.
[CC 2001 §405.700; Ord. No. 856 §12.13(8), 6-11-1987; Ord. No. 1397 §6, 12-8-2011]
A.
Suspension
or revocation of any conditional use permit shall be in addition to
any other penalty or penalties prescribed in this Chapter or available
to the City by law. Any conditional use permit approved under this
Article may be suspended or revoked for good cause, including, but
not limited to, any of the following reasons:
1.
Any failure to comply or any violation of any provision of this Chapter
or the regulations promulgated under the authority of this Chapter
by the permittee;
2.
Violation of the terms, conditions, safeguards or restrictions upon
the conditional use permit;
3.
Violation of any ordinance of the City regulating the permittee;
4.
Violation of any other Federal, State or local law or regulation
pertaining to the permittee or the activities associated with the
particular business, establishment or land use;
5.
Failure of the permittee to pay any tax, fee, fine or other governmental
charge required by law;
6.
Any misrepresentation or false statement in the application for such
permit;
7.
Causing, maintaining or assisting in the cause or maintenance of
a nuisance, whether public or private; or
8.
Failure to obtain other necessary governmental permits associated
with such land use, business or activities.
B.
In
any case in which there is reason to believe a conditional use permit
approved pursuant to this Article may be subject to suspension or
revocation, the following procedure shall govern:
1.
The Board of Aldermen shall decide whether to refer the matter first
to the Planning and Zoning Commission for its recommendation. If the
matter is referred to the Commission, the Commission shall follow
the same procedure for hearing as set forth herein.
2.
The Board of Aldermen or its designee shall set a hearing to consider
the matter. At least ten (10) days prior to such hearing, written
notice shall be mailed to the permittee at the last known address
as shown in the records of the City Clerk advising the permittee of
the time and place of the hearing and of the reason for considering
the suspension or revocation of the conditional use permit.
3.
During the pendency of this hearing the permittee shall be permitted
to continue the operation of the business or land use, provided however,
that the pendency of such hearing shall not preclude prosecution for
violation of the ordinances of the City occurring during such period.
4.
A hearing officer may be appointed to preside at the hearing. At
the hearing, the hearing officer shall hear all relevant evidence
justifying the suspension or revocation of the conditional use permit
and all relevant evidence justifying the retention of the permit.
5.
The permittee shall be notified of the results of the hearing in
writing.
6.
In the event that a permittee whose conditional use permit has been
revoked pursuant to this Section, or a related entity of a permittee
whose conditional use permit has been revoked pursuant to this Section,
shall thereafter apply for a substantially similar permit, the Planning
and Zoning Commission and the Board of Aldermen may take into account
the act(s) and circumstances which lead to the revocation in considering
the new application.
7.
Any person aggrieved by the determination of the hearing aforesaid
may appeal such determination in accordance with this Article. The
filing of an appeal shall not stay the outcome of the administrative
determination unless the Board of Aldermen shall suspend the effect
of the determination upon request of the aggrieved party.
8.
Any person aggrieved by the decision on appeal of the Board of Aldermen
may seek judicial review by filing a petition for same with the Circuit
Court of St. Louis County within fifteen (15) days of the date of
the decision appealed from.
[CC 2001 §405.710; Ord. No. 856 §12.13(9), 6-11-1987]
All conditional use permits shall be approved for the originating
applicant for a specific location and may not be transferred to any
other location by that applicant. Should the business or use for which
the conditional use permit was sought be transferred to a different
ownership, a renewal of the original conditional use permit shall
be automatically required.
[CC 2001 §405.720; Ord. No. 856 §12.13(10), 6-11-1987]
A.
Motor Vehicle Oriented Businesses. Motor vehicle
oriented businesses may only be permitted in the "C" Commercial District
and "PD" Districts, and then only after review and report by the Planning
and Zoning Commission and approval by the Board of Aldermen for specific
location and treatment as shown on the approved site plan. The site
shall be subject to the following conditions and procedures:
1.
Motor vehicle oriented business, defined. Any
commercial business which, by design, type of operation, and nature
of business, has as one (1) of its functions the provision of services
to a number of motor vehicles or its occupants in a short time span
for each, or the provision of services to the occupants of the motor
vehicle while they remain in the vehicle. The list of businesses subject
to this code include gasoline service stations, drive-in banks, drive-in
restaurants, drive-in beverage sales and car wash operations, which
examples are not intended as a comprehensive list of such businesses.
2.
Permits issued, when.
a.
A building permit shall be issued for the construction of or
additions to motor vehicle oriented businesses when such plans have
received a conditional use permit approved by the Board of Aldermen
and such plans comply with the approved site plan.
b.
An occupancy permit shall be issued when the provisions of this
code have been met and the specified conditions of the Board of Aldermen
complied with.
3.
Site plan required. A site plan and accompanying
information for a motor vehicle oriented business conditional use
permit shall be submitted and show the following:
a.
Structures. The location and dimensions of
all structures including buildings, pump islands, screened trash areas,
fencing and lighting (show direction and level of illumination).
b.
Parking and circulation. The location and dimensions
of all off-street parking and ingress and egress locations.
c.
Natural features. The location of streams,
rock and stone outcropping, existing trees, and other natural features,
and detail on the manner in which such features will be treated. Also,
include site topography showing contours at an interval no greater
than two (2) feet.
d.
Landscaping. A complete plan and schedule of
landscaping on the site and adjoining public rights-of-way with detail
on number, location, size, and name of each plant species (both scientific
and common name) together with detail on facilities required for maintenance
of such landscaping.
e.
Architectural elevations. A plan which indicates
the building height and roofline together with detail on exterior
materials to be used and lighting to be installed.
4.
Locational requirements. All motor vehicle
oriented businesses must be a minimum of one hundred fifty (150) feet
from other motor vehicle oriented businesses, which distances shall
be computed as follows:
a.
For such businesses on the same side of the street, a minimum
of one hundred fifty (150) feet between the two (2) closest property
lines, said minimum distance, however, being subject to the effect
of the additional requirements set forth in paragraphs (b) and (c)
of this Subsection.
b.
For such businesses on opposite sides of the street, no such
business shall be allowed on a lot where a line, drawn from both or
either front corner of said proposed lot, across the street and perpendicular
to the street right-of-way on which the proposed lot fronts, crosses
the right-of-way on the opposite side of the street at a point less
than one hundred fifty (150) feet from the closest property corner
of an already existing or approved motor vehicle oriented business
lot on said opposite side of the street.
c.
For four-corner intersections, two (2) motor vehicle oriented
businesses may be allowed at such an intersection but only on diagonally
opposite corners, regardless of their distance from one another, however,
no other motor vehicle oriented businesses shall be allowed within
one hundred fifty (150) feet of those intersection corners that are
unoccupied nor within one hundred fifty (150) feet of the property
lines of those motor vehicle oriented businesses so situated on corner
lots.
5.
Site design standards. The following site design
standards shall be met for all motor vehicle oriented businesses:
a.
Minimum lot area. Twenty thousand (20,000)
square feet.
b.
Minimum lot frontage. One hundred fifty (150)
feet (on corners, the frontage requirements shall apply to only one
(1) side).
c.
Lot area per pump island for gasoline service stations. Gasoline service stations shall be limited to two (2) service islands
and three (3) gasoline pumps per island for the minimum size lot.
One (1) service bay and three (3) pumps may be added for each one
thousand (1,000) square feet of site area exceeding the minimum; however,
in no case shall more than six (6) service islands be allowed at any
gasoline service station nor more than three (3) pumps permitted on
each island and no more than three (3) service bays shall be allowed
for each such station.
d.
Setbacks. From public streets and property
lines shall be as follows:
(1)
Front yard. There shall be a front
yard having a depth of not less than thirty (30) feet. Front yards
shall conform to minimum standard widths of streets and roads and
to future street and highway widenings according to the setback lines
herein provided for. Front yards shall be measured from proposed right-of-way
lines where setback lines are herein established, and otherwise from
an actual or potential right-of-way of fifty (50) foot wide road,
street or highway.
When a lot is located at the intersection of two (2) or more
streets, the front yard requirements shall apply to each street. No
accessory building, service islands, and other service or pickup facilities
shall project beyond the front building setback line.
(2)
Side yard. There shall be a side
yard on each side of the building of not less than five (5) feet.
Side yard requirements shall be twenty-five (25) feet where abutting
any residential district.
(3)
Rear yard. There shall be a rear
yard having a depth of not less than twenty-five (25) feet.
6.
Drainage. All sites shall provide for proper
storm water runoff to prevent flooding and/or ponding subject to approval
of the City Engineer.
7.
Trash storage areas. All motor vehicle oriented
businesses shall provide suitable storage of trash with areas which
are so designed and constructed as to allow no view of the trash storage
from the street, to prevent waste from blowing around the site or
onto adjacent properties or public rights-of-way, and to permit safe,
easy removal of trash by truck or hand.
8.
Used oil storage. All used oils and other similar
materials and products shall be stored only in underground or inside
areas.
9.
Vehicular areas.
a.
The entire area used by vehicles for parking, storage and service,
etc., shall be paved with bituminous concrete, Portland cement or
other material approved by the City Engineer.
b.
A raised Portland cement curb shall be placed at the edge of
all pavement.
c.
All hydraulic hoists, pits, lubrication, washing, repair, and
service not of an emergency nature shall be conducted entirely within
a building.
10.
Ingress and egress.
a.
The minimum width of driveways at the property line shall be
twenty-four (24) feet and not greater than thirty-six (36) feet.
b.
The minimum distance of any driveway to property line shall
be fifteen (15) feet.
c.
Driveway openings shall be limited to one (1) drive per one
hundred (100) feet of lot width.
d.
The minimum distance at which a driveway enters into the site
from a street intersection shall be seventy-five (75) feet measured
from the intersection of the street right-of-way to the nearest end
of the curb radius.
e.
The angle of driveway intersection with the street shall be
based upon reasonable criteria for safe traffic movements and shall
be approved by the Director of Streets and Engineering.
f.
Motor vehicle oriented businesses adjacent to or integrated
in a shopping center or cluster of commercial facilities shall use
the common access with other business establishments in that center.
12.
Landscaping and open space.
a.
All areas of the site not paved shall be landscaped with a mixture
of trees and grass or any combination of trees, shrubs, flowers, grass,
or other living ground cover to retard water runoff, restrict blowing
trash, and deter improper and unsafe access and site use by the public.
Trees shall be of three (3) inch caliper measured six (6) inches from
the ground level. Street areas not approved for driveways shall be
planted in grass.
b.
Landscaped areas shall constitute at least thirty percent (30%)
of the site area.
c.
Pavement shall not be allowed in front or side yard street setbacks
except for driveways.
d.
All landscaping plant materials shall be kept alive and in excellent
condition.
e.
Landscaped areas shall not be used for the purpose of storing
vehicles, trailers, or other equipment.
f.
All paved and landscaped areas shall, at all times, be kept
in good repair and in excellent condition in accordance with this
and other codes of the City of Edmundson and the continuous maintenance
of said areas is to be the responsibility of the owners and/or lessees
of the property.
13.
Lighting. Exterior lighting proposed for use
on the site shall be planned, erected and maintained so the light
is confined to the property and will not cast direct light or glare
upon adjacent properties or public rights-of-way. The light source
shall not be higher than twenty (20) feet and shall not be visible
from adjacent properties or public rights-of-way.
14.
Parking. All motor vehicle oriented businesses shall provide for off-street parking in a manner which conforms with the regulations set forth in Article VI of the Zoning Code and all other applicable codes of the City of Edmundson, Missouri.
15.
Signs. All signs on the site shall conform
with the regulations of the City of Edmundson.
16.
Storage of merchandise. All merchandise and
material for sale and all vending machines shall be displayed within
an enclosed building except for the following:
Oil for use in motor vehicles may be displayed or sold from
an appropriate rack or compartment at the gasoline station pump islands
for the convenience of the customer and station attendant.
17.
Storage of flammable materials. Flammable materials
used in the conduct of motor vehicle oriented businesses shall be
stored within the building setback lines and in below ground storage
tanks. Proper care shall be exercised in design of the proposed storage
containers to protect public safety.
18.
Other conditions. The Planning and Zoning Commission
may recommend, and the Board of Aldermen may require, provisions for
other conditions which will tend to eliminate or reduce public nuisances
caused by noise, heat, odors, smoke, dust, vibration, glare, flooding
and traffic congestion and promote the purpose of the Zoning Code.
19.
Buildings and structures compatibility. All
proposed motor vehicle oriented businesses' buildings and structures
shall be designed and planned to take advantage of and be compatible
with natural features of the site and area and shall not be in conflict
with the characters of existing structures in areas where a definite
pattern or style has been established.
20.
Vacant motor vehicle oriented business' buildings. When a motor vehicle oriented business's building becomes vacant
for a period exceeding one (1) year, the property owner shall be required
to remove or treat in a safe manner approved by the Director of Streets
and Engineering all flammable materials, storage tanks or areas.
21.
Termination or lapse of conditional use permit.
a.
When a motor vehicle oriented business's conditional use permit
is authorized by the Board of Aldermen, the continuation of such use
shall be dependent upon the conditions established under the permit
and this Section; and in the event of a change of conditions or non-compliance
of conditions, the Board of Aldermen shall have the responsibility
and right to terminate or revoke the conditional use permit.
b.
When a motor vehicle oriented business's building becomes vacant
and its conditional use permit not utilized for a period of one (1)
year, the permit shall lapse and the use of the land thereafter conforms
to the use permitted in the zoning district in which it is located.
22.
Non-conforming motor vehicle oriented businesses. Existing motor vehicle oriented businesses which do not comply with
the regulations and conditions of this code shall be considered to
be non-conforming and allowed to continue; however, all non-conforming
motor vehicle oriented businesses shall comply with the following
requirements within one (1) year after written notification by the
Building Official of items which must be corrected.
a.
Whenever a motor vehicle oriented business is located adjacent to a residential district or residential use on the ground floor, appropriate screening as provided for in Subsection (11) of this Section shall be installed.
b.
All exterior lighting shall conform to the lighting requirements in Subsection (13) of this Section.
23.
Rental vehicles. When the rental of equipment,
automobiles, trucks and trailers is to be conducted on a motor vehicle
oriented business site, additional land area and paved area shall
be provided in addition to the driveway, parking area, and landscape
areas required by this Section for a normal motor vehicle oriented
business operation. An additional one thousand (1,000) square feet
of site area shall be provided for each five (5) rental units. No
parking of rental units shall be permitted on landscaped areas or
driveways.
24.
Underground utilities. All utility lines on
the site shall be installed underground.
25.
Procedures for application for a motor vehicle oriented
business conditional use permit.
a.
Planning and Zoning Commission hearing. Application
for conditional use permits under this Section, along with site plan
and other required materials, shall be addressed to the Planning and
Zoning Commission which investigates and reports as to the effect
of such building or use upon traffic and fire hazards, the character
of the neighborhood, and the general welfare of the community. Such
report and recommendations shall be filed with the City Clerk within
ten (10) days after the meeting held by the Planning and Zoning Commission
to consider the same, which meeting shall be held within thirty (30)
days after the date of filing with or reference to the Commission.
If the Commission fails to report within the time limit above set
forth, the Board shall proceed as though the Planning and Zoning Commission
recommended approval of the conditional use permit; provided, that
if the Planning and Zoning Commission is unable to complete the hearing
at the time stated in the notice, it may continue the hearing to its
next regular meeting and notify the Board of Aldermen to that effect,
and in such case its report shall be due ten (10) days after the date
to which the hearing is continued.
b.
Notice of hearing. The Planning and Zoning
Commission before reporting on the application shall hold a public
hearing thereon, after notice is published one (1) time in a newspaper
at least fifteen (15) days before the date of the hearing. Publication
shall, in a general way, state the nature of the use to be authorized
by conditional use permit. A copy of the notice shall be posted by
the City Clerk on the bulletin board in the City Hall at least fifteen
(15) days before the hearing. Return shall be made by the Clerk to
the Planning and Zoning Commission before the hearing, stating the
date the notices were posted. If there are other persons who should
be notified, the Planning and Zoning Commission shall notify such
persons by mail, deposited in the mail at least fifteen (15) days
before the hearing, and include in its communication a copy of the
notice to be published and posted.
c.
Report to Board of Aldermen. When the hearing
before the Planning and Zoning Commission is completed, the proceeding
shall automatically be continued for further hearing before the Board
of Aldermen at its next regular meeting which is ten (10) days or
more after the conclusion of the hearing before the Planning and Zoning
Commission. All interested parties may appear before the Board of
Aldermen and be heard before the Board of Aldermen acts upon the report
of the Planning and Zoning Commission. In its report recommending
denial or granting the conditional use permit, the Planning and Zoning
Commission shall state its findings with respect to the items designated
in paragraph (d) hereof.
d.
Board of Aldermen action. At the next regular
meeting of the Board of Aldermen which occurs ten (10) days or more
after the conclusion of the proceedings before the Planning and Zoning
Commission as provided above, the Board of Aldermen shall consider
the report of the Planning and Zoning Commission, giving all interested
parties an opportunity to be heard, and shall determine whether the
building or use will:
(1)
Increase traffic hazards or congestion.
(2)
Increase fire hazards.
(3)
Affect the character of the neighborhood.
(4)
Affect the general welfare of the community.
(5)
Tax public utilities.
|
If the Board of Aldermen's findings are negative as to all the
subjects referred to above, and all other requirements of this Section
have been met, the application shall be granted; if affirmative as
to any subject, then such permit shall be denied. If the report of
the Planning and Zoning Commission recommends approval of the application,
the majority of the members of the Board of Aldermen present, when
there is a quorum, may grant the conditional use permit; but if the
Planning and Zoning Commission recommends denial of the application,
the conditional use permit can only be granted by a favorable vote
of at least two-thirds (2/3) of all the members of the Board of Aldermen.
|
26.
The provisions set forth in this Section provide for standards
and procedures to be complied with for all motor vehicle oriented
businesses, as permitted by this Zoning Code, and said provisions
are to be followed and complied with in lieu of conflicting conditional
use permit and land use procedures and standards provided elsewhere
in the Zoning Code of the City of Edmundson, Missouri.
