[Ord. No. 1914 §1(405.600), 5-6-2013]
In order to provide for uses that require particular consideration
in each case because of the nature of the use and its effect on its
surroundings or the City, and in order to provide the maximum flexibility
in the site planning uses and reasonable modification in uses in appropriate
circumstances, all consistent with the public health, safety, and
general welfare of the City of Valley Park and good planning practice,
the following procedures are established.
[Ord. No. 1914 §1(405.610), 5-6-2013]
A.
Purpose.
1.
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:
a.
A tendency to generate excessive traffic,
b.
A potential for attracting a large number of persons to the area
of the use, thus creating noise or other pollutants,
c.
A detrimental effect upon the value or potential development of other
properties in the neighborhood, or
d.
An extraordinary potential for accidents or danger to public health
or safety.
2.
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 land use and development permits issued by the Commission.
B.
Procedures. 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 Commission
and filed with the City Clerk. The application shall be filed on forms
prescribed for that purpose by the Planning 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 posted public notice signs 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 City Clerk 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.
3.
Burden of proof. In presenting any application for
a conditional use permit to the Planning 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 meet 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 substantial 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. 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.
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If the facts in the case do not establish that the findings
and standards set forth in this Chapter will apply to the proposed
use, the Planning Commission shall deny the conditional use permit.
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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 Valley Park. 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.
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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.
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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 a public hearing pursuant to Section 405.920 and 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 ordinance 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.
[Ord. No. 2059, 7-20-2020]
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.
C.
Appeal, Protest, Or Board Review Of Planning Commission Decision.
1.
Appeal by petitioner from decision. Upon a decision
being reached by the Planning and Zoning Commission concerning an
application for a conditional use permit, the applicant may file an
appeal with the Board of Aldermen requesting a determination from
that body. A notice of appeal shall be filed within ten (10) days
following the Commissions' decision, be in writing, filed with the
City Clerk in duplicate, and accompanied by a fee of two hundred dollars
($200.00). The appeal shall specifically state how the application
as initially filed, or subsequently modified, meets the applicable
criteria set forth in this Chapter.
2.
Protest by nearby property owners to decision. 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.
3.
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.
4.
Public hearing by the Board of Aldermen. 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. 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.
5.
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 Commission. An affirmative
vote of three-fourths (¾) of the members of the whole Board
of Aldermen shall be required to reverse or modify any determination
of the Planning and Zoning Commission.
D.
Procedure To Amend Approved Conditional Use Permit. In order
to amend an existing conditional use permit, the application procedures,
required materials, approval process, and appeal process shall be
the same as for a new permit.
E.
Recording. 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.
F.
Time Limit Of Conditional Use Permits. Conditional use permits
shall be valid for an unlimited period subject to the requirements
of this Chapter 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 Board of Aldermen, which may extend it for an unlimited
period or for a specified additional period of years.
G.
Failure To Commence Construction Or Operation. 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 Board of Aldermen. 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.
H.
Revocation Of Conditional Use Permit. Upon a finding that
an approved conditional use permit will or has become unsuitable and/or
incompatible in its location as a result of any nuisance or activity
generated by the use or basic changes within the general neighborhood,
the Planning and Zoning Commission and Board of Aldermen reserve full
authority to revoke the approval at anytime.
I.
Transferability. 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.
