[Ord. No. 97-1, 10-14-1997]
A.
Delegation Of Power. The Planning and Zoning Commission
is hereby authorized to decide whether special use permits shall be
granted subject to the general and specific standards contained in
these regulations; to grant special use permits with such conditions
or restrictions as are appropriate to protect the public interest
and to secure compliance with these regulations; and to deny requests
which fail to satisfy the standards and requirements contained herein
and which are not in harmony with the purposes and interest of these
regulations and the health, safety, and welfare of the community.
In no event shall a special use permit be granted where the proposed
use is not authorized by the terms of these regulations, or where
the standards of this Article are not found to exist.
B.
Conditions And Guarantees. Prior to the granting
of any special use permit, the Planning and Zoning Commission may
stipulate such conditions and restrictions upon the establishment,
location, construction, maintenance and operation of the special use
permit as is deemed necessary for the protection of the public interest
and to secure compliance with the standards and conditions contained
herein. In all cases in which a special use permit is granted, the
Planning and Zoning Commission may require such evidence and guarantees
as may be deemed necessary to ensure that the conditions stipulated
are being, and will be, fully complied with.
C.
Conceptual (Or Preliminary) Special Use Permit. No
zoning compliance permit shall be issued for a land use change based
on a conceptual (or preliminary) special use permit.
[Ord. No. 97-1, 10-14-1997]
A.
Application. A written application for a special
use permit shall be filed with the Planning and Zoning Administrator
and shall include a statement indicating the Section of the Chapter
under which the permit is sought, the grounds upon which it is requested,
and sufficient evidence to show that the use will conform to the standards
set forth.
B.
Fees. Every application for a special use permit
shall be subject to a filing fee as established by the Governing Body.
C.
Ownership List. The application for an amendment
of zoning by special use permit shall be accompanied by an ownership
list listing the legal description of the property to be zoned, certificate
of ownership, and the name and address of the owners of any real property
located within one thousand (1,000) feet of the boundaries of the
property for which the zoning amendment is requested.
D.
Site Plan. All applicants for a special use permit
shall submit with their application the materials required by site
plan review in these regulations, including the following:
1.
A site plan.
2.
Location map showing development and zoning designation, if
any, of adjacent property within one thousand (1,000) feet.
3.
The full legal description of the boundaries of said development
area.
4.
The description of the general character of all structures.
5.
All other submittals required by site plan review in these regulations.
E.
Hearing. Upon receipt of the formal application
and all accompanying material, the Planning and Zoning Administrator
shall call a public hearing for the next scheduled meeting of the
Planning and Zoning Commission; provided, however, that notice must
be published one time in a newspaper of general circulation at least
fifteen (15) days prior to the date set for the hearing. The Planning
and Zoning Commission shall act within thirty (30) days after the
close of the public hearing.
1.
In addition to the publication of the notice described above,
such notice shall be given by certified mail by the Planning and Zoning
Administrator to all owners of any real property within one thousand
(1,000) feet of the proposed rezoning. If the record title owners
of any lots included in such proposed change be nonresidents of the
Village, then a written notice of such hearing shall be mailed by
certified mail to them, addressed to their last known addresses at
least ten (10) days prior to such hearing. Notice mailed to owners
of real property who share ownership of a dwelling unit with another
owner or owners in a condominium development, approved by the County
under RSMo. Ch. 448, shall be given to the members of the Board
of Managers of the condominium on file with County Recorder of Deeds.
2.
The Planning and Zoning Commission shall also require notices
be sent to other persons as it may from time to time provide by its
rules.
F.
Findings. In taking action, the Planning and Zoning
Commission shall specify within thirty (30) days of the close of the
public hearing the particular grounds relied upon when denying a proposed
use, and when approving a proposed use, shall make affirmative findings
that the proposed use conforms with the general standards set forth
in this Article. In no case shall an exception be granted if the proposed
use will constitute a nuisance or a public health or safety hazard
to adjacent properties or to the community at large.
G.
Zoning Compliance Permits. On final approval, the
owner shall provide five (5) copies of the approved final site plan
to the Administrator. The Planning and Zoning Administrator shall
issue building permits only in accordance with the approved final
site plan.
H.
Amendments. If any substantial variation or rearrangement
of buildings, parking area and drives, entrances, heights or open
space is requested by the applicant, the applicant shall proceed by
following the same procedure previously followed and outlined in the
site plan review procedures.
[Ord. No. 97-1, 10-14-1997]
A.
Height Regulations. The allowed height of structures shall be in accordance with the use regulations by zoning district defined in Article V of this Chapter or that the proposed structure is consistent in scale and bulk to the character of the neighboring structures, and the result of the increase in height does not create an adverse effect on the value or utility of adjacent property.
B.
Yard Regulations. The allowed yard regulations shall be in accordance with the use regulations by zoning district defined in Article V of this Chapter. Yard regulations may be reduced upon a showing of sufficient open spaces accessible to occupants; a separation between structures for firefighting purposes; and that there is consistency with the visual character of the community.
C.
Open Space. Provision of open space may be required for the issuance of special use permits. In such cases, open space shall be designated on all site plans and subdivision plats in accordance with Article V of these regulations. The Planning and Zoning Commission may require the provision of open space to buffer dissimilar uses; to counterbalance any reduction in lot area, yard size or bulk limitations.
1.
Open Space Requirements. For open space to
be dedicated to the public, the Village and the applicant shall enter
into an agreement providing for the establishment of an association
to maintain the dedicated open space. Such agreement shall include
provision for default, cure by the Village, and enforcement.
2.
Disposition of Open Space. The association
established in the preceding Section shall not be dissolved or permitted
to otherwise dispose of any open space by sale or otherwise without
first offering to dedicate the same to the Village.
[Ord. No. 97-1, 10-14-1997]
A.
Before any permit shall be granted, the Planning and Zoning Commission
shall make written findings certifying that adequate provision has
been made for the following:
1.
The location and size of the proposed use in relation to the
site and to adjacent sites and uses of property, and the nature and
intensity of operations proposed thereon.
2.
Accessibility of the property to police, fire, refuse collection,
and other municipal services; adequacy of ingress and egress to and
within the site; traffic flow and control; and the adequacy of off-street
parking and loading areas.
3.
Utilities and services, including water, sewer, drainage, gas,
and electricity, with particular reference to location, availability,
capacity and compatibility.
4.
The location, nature, and height of structures, walls, fences,
and other improvements; their relation to adjacent property and uses;
and the need for buffering or screening.
5.
The adequacy of required yard and open space requirements and
sign provisions.
6.
The general compatibility with adjacent properties, other properties
in the district, and the general safety, health, comfort and general
welfare of the community; and with the standards for development in
these regulations.
[Ord. No. 97-1, 10-14-1997]
If the Planning and Zoning Commission approves an application,
it shall adopt an order to that effect. The Comprehensive Zoning Map,
which has been adopted by reference, shall be changed to reflect such
amendment, and the section of the zoning order incorporating the same
shall reincorporate such map as amended.
[Ord. No. 97-1, 10-14-1997]
Appeals of the actions of the Planning and Zoning Commission
shall be made to the Board of Trustees. Further appeal may made to
the Stone County Circuit Court. An appeal of an interpretation of
the regulations shall be made to the Village Board of Zoning Adjustment.
[Ord. No. 97-1, 10-14-1997]
A.
In granting a special use permit, the Village may impose such conditions,
safeguards and restrictions upon the premises to reduce or minimize
any potential injurious effect of such special uses upon other property
in the neighborhood, and to carry out the general purpose and intent
of these regulations. The following additional conditions shall be
requirements for the approval of the following special uses:
1.
Campgrounds. Shall be permitted subject to
the following conditions:
a.
The site selected for campground areas shall be well drained
and primarily designed to provide space for short-term occupancy to
the traveling public. Location of the site may not necessarily front
on a major roadway or thoroughfare, but it shall be directly accessible
to the major roadway by means of a private road or public road on
which it has frontage.
b.
Minimum tract size shall be two (2) acres.
c.
The maximum number of campsites allowed shall not be more than
ten (10) per acre. Consideration shall be given to whether the camp
and the density level are designed accordingly.
d.
The applicant for a campground shall submit a development plan
to the Planning and Zoning Commission for approval. Such plan shall
contain the information as required below and any other information
the Board reasonably shall deem necessary to full evaluate the proposed
development. The applicant shall submit the information on a sheet
size not to exceed the dimensions of twenty-four (24) inches by thirty-six
(36) inches as a proposed development plan showing:
e.
Period of occupancy the campsite may be occupied by the same
person, tent, camper, or vehicle shall not exceed nine (9) months
total in any calendar year, January to December.
2.
3.
Adult Entertainment Business. The following
requirements shall apply:
a.
The applicant must specify the exact use proposed, i.e., adult
bookstore, adult theater, modeling studio, strip show, etc.
b.
The proposed use shall be located no closer than five thousand
(5,000) feet from any church, school, public building, or existing
residence.
c.
An adult entertainment business shall be located no closer than
five thousand (5,000) feet from another adult entertainment business.
d.
The Village may require any additional conditions that are deemed
necessary.
4.
Day-Care Centers. Shall obtain a special use
permit for the care of more than six (6) children, provided that:
a.
One (1) off-street parking space is provided for each nonresident
or non-family member employee, in addition to the two (2) spaces per
single-family or two (2) spaces per unit of a two-family residence
that is required.
b.
An off-street dropoff/pickup area must be provided.
c.
The requirements for accessory uses for the proposed day-care
home are met.
5.
Gambling Establishments. The following requirements
shall apply to any proposed gambling establishment as defined by Standard
Industrial Classification (SIC) Code, Industry Major Group 79:
a.
The applicant must specify the exact use proposed, i.e., coin-operated
amusement devices, gambling games, proposed facilities, and management.
b.
The proposed use shall be located no closer than five thousand
(5,000) feet from any church, school public building, or existing
residence.
c.
A gambling establishment shall be located no closer than five
thousand (5,000) feet from another gambling establishment.
d.
The Village may require any additional conditions that are deemed
necessary.
[Ord. No. 97-1, 10-14-1997]
A.
Sunset. A special use permit shall expire, upon
public hearing, unless a zoning compliance permit is taken with twelve
(12) months to effectuate such specially permitted use; or if no zoning
compliance permit is required, evidence of use is filed with the Planning
and Zoning Administrator.
B.
Abandonment. Once a specially permitted use ceases
or is abandoned for a period of more than twelve (12) months, the
special use permit shall expire upon public hearing.
C.
Home Occupation. A special use permit for a home
occupation shall not be transferable to a new owner of the real estate.
