[Ord. No. 5814 §1(9.1), 4-27-2004]
A.
Conditional
uses are those types of uses which are considered to be essentially
desirable, necessary or convenient to the community but which by their
nature can create:
B.
In
order to assure that detrimental impact is avoided or mitigated, each
request for conditional use must be reviewed, approved and issued
a conditional use permit (CUP). Conditional uses are listed for each
zoning district.
[Ord. No. 5814 §1(9.2), 4-27-2004]
A.
Conditional
use permits are required for all conditional uses designated by this
zoning Chapter and for the enlargement, alteration or extension of
existing conditional uses, except as provided for below.
B.
For mixed-use buildings approved under the planned unit development process, a conditional use permit will not be required. In such cases, the mixed-use building is a conditional use, which may be approved as part of the planned unit development with added conditions as per Article X. All individual uses, whether part of a mixed-use building or not, will require a conditional use permit. For example, a mixed-use building that includes a restaurant will not require a separate conditional use permit for the mixed-use building component but will require a separate conditional use permit for the restaurant component.
[Ord. No. 5814 §1(9.3), 4-27-2004]
The conditional use permit process must be initiated by submitting
a completed application, providing plans and supporting documentation.
The property owner or leaseholder of a use may file a conditional
use permit application. If an authorized agent or the leaseholder
of the use is requesting the conditional use permit, the property
owner must also sign the conditional use permit application. The Plan
Commission or the Board of Aldermen may also initiate a conditional
use permit application.
[Ord. No. 5814 §1(9.4), 4-27-2004]
A.
An
application form for a conditional use permit shall be completed and
filed with the Department of Planning and Development Services. The
application form is available through the Department of Planning and
Development Services.
B.
The
application document will provide a description of the plans and other
pertinent information required for submittal by the applicant as part
of the conditional use permit process.
[Ord. No. 5814 §1(9.5), 4-27-2004]
The applicant must submit one (1) original and thirty (30) copies
of the application and all required documentation to the Director
of Planning and Development Services. At the time that an application
is filed, the applicant shall pay a fee as required by the fee schedule
approved by the Board of Aldermen. The fee shall be paid to the City
of Clayton to the credit of the General Revenue Fund of the City.
Applications and all required documentation should be submitted a
minimum of twelve (12) days in advance of the Plan Commission meeting
date in order to be considered for that Plan Commission agenda.
[Ord. No. 5814 §1(9.6), 4-27-2004]
Upon receipt of the conditional use permit application, plans
and supporting documents, the Director of Planning and Development
Services shall review the documents to determine completeness. If
the Director determines the submittal is complete, then the submittal
can be forwarded to the Plan Commission.
[Ord. No. 5814 §1(9.7), 4-27-2004]
A.
The
Plan Commission shall hear all applications for conditional use permits
at meetings opened to the public, unless closed pursuant to State
law.
B.
The
Plan Commission may choose to recommend approval of the conditional
use permit as submitted, recommend additional conditions to mitigate
possible negative impacts or recommend denial of the conditional use
permit.
C.
The
Plan Commission shall render a decision on a conditional use permit
application within sixty (60) days from the date the Plan Commission
first considers the application. The conditional use permit shall
be deemed to have received a positive recommendation if the Plan Commission
fails to render a decision within the said sixty (60) day period.
The sixty (60) day period may be extended through mutual written agreement
between the applicant and the City Plan Commission Chairperson.
D.
The
Plan Commission shall submit a written report to the Board of Aldermen
of its decision stating the recommended conditions for approval or
reasons for recommending denial of the conditional use permit.
[Ord. No. 5814 §1(9.8), 4-27-2004]
After receipt of the Plan Commission's recommendation and report,
the Board of Aldermen shall consider the proposed conditional use
permit at a public hearing. The public hearing shall be advertised
in a newspaper not less than fifteen (15) days prior to the hearing
date. A conditional use permit is approved by resolution. The Board
of Aldermen may, at its discretion, add to or delete conditions recommended
by the City Plan Commission. The Board of Aldermen may refer the application
back to the Plan Commission for further study before making its final
decision. The decision rendered by the Board of Aldermen shall require
a simple majority vote except that a vote of at least five (5) members
of the Board of Aldermen will be required to approve any application
contrary to the City Plan Commission recommendation.
[Ord. No. 5814 §1(9.9), 4-27-2004]
A.
It
shall be the responsibility of the applicant to clearly establish
that the following criteria are met:
1.
The proposed use is compatible with surrounding uses and with the
surrounding neighborhood;
2.
The comparative size, floor area and mass of the proposed use and/or
proposed structure are appropriate and reasonable in relation to adjacent
structures and buildings on surrounding properties and in the surrounding
neighborhood;
3.
The proposed use will not adversely affect the general appearance
of the neighborhood due to the location of the proposed use on the
parcel of ground or due to the materials used in the construction
of any proposed buildings being greatly dissimilar to surrounding
appearances of buildings or due to the architecture of any proposed
building being of such nature as to create visual disharmony within
the neighborhood;
4.
The landscape plan for premises to be occupied by the proposed use
is adequate in regard to the creation and maintenance of landscaped
areas and the use of buffers for screening of the use;
5.
The proposed use will not adversely affect the neighborhood in terms
of water runoff, noise transfer or heat generation due to significant
amount of hard surfaced areas for buildings, sidewalk, drives, parking
and service areas;
6.
The frequency and duration of various indoor and outdoor activities
and special events associated with the proposed use will not have
a deleterious impact on the surrounding area;
7.
The impact of projected vehicular traffic volumes and site access
is not detrimental with regard to the surrounding traffic flow, pedestrian
safety and accessibility of emergency vehicles and equipment;
8.
The proposed use complies with the parking requirements as set forth
in the Zoning Code and does not add parking demand that cannot adequately
be handled by on-site off-street parking;
9.
The number of transit movements on abutting streets and on minor
streets in the neighborhood to be generated by or associated with
the proposed use will not cause significant increases in hourly or
daily traffic levels;
10.
The proposed use will not significantly increase demands on fire
and Police protection services in excess of the individual demands
of adjacent land uses and whether the proposed use will not present
any real or potential fire or public safety hazard;
11.
Added noise levels generated by activities associated with the proposed
use will not adversely impact the ambient noise level of the surrounding
area and neighborhood;
12.
The activities associated with the proposed use will not generate
obnoxious odors to the detriment of the surrounding area;
13.
The intensity, duration or frequency of lighting associated with
the proposed use will not adversely impact adjacent properties or
significantly increase the ambient level of night light in the neighborhood;
14.
The proposed use is likely to remain in existence for a reasonable
length of time and not become vacant or unused and whether such use
involves the presence of unusual, single-purpose structures or components
of a temporary nature;
15.
The proposed use complies with the standards of the Zoning Code and
good planning practices;
16.
Where a proposed use has the potential for adverse impacts, sufficient
measures have been or will be taken by the applicant that would negate,
to an acceptable level, such potentially adverse impacts.
[Ord. No. 5814 §1(9.10), 4-27-2004]
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 must be
filed on an application form available through the Department of Planning
and Development Services. As part of the application submission, additional
documentation or pertinent information related to the amendment may
be required. At the time that an application is filed, the applicant
shall pay a fee as required by the fee schedule approved by the Board
of Aldermen. The fee shall be paid the City of Clayton to the credit
of the General Revenue Fund of the City.
B.
All
substantial amendments shall be subject to review and approval by
the Board of Aldermen. The Board of Aldermen may also, in its discretion,
refer such request for amendment to the City Plan Commission for review
and recommendation. The following is a list of amendments that represent
a substantial change from the provisions of the originally approved
conditional use permit:
C.
Requests
for amendments that are deemed by the Director of Planning and Development
Services to represent minor change(s) from the provisions of the originally
approved conditional use permit shall be reviewed by staff for completeness
and subject to approval by the Director of Planning and Development
Services or his/her designee. The following is a list of amendments
that may, at the discretion of the Director of Planning and Development
Services, represent minor changes from the provisions of the originally
approved conditional use permit:
1.
Change in hours of operation;
2.
Change in days of operation;
3.
Increasing or decreasing outdoor dining capacity;
4.
Change in business or trade name, where ownership and nature of business
or trade remains the same.
5.
Other changes deemed to be similar by the Director of Planning and
Development Services or his/her designee.
[Ord. No. 5814 §1(9.11), 4-27-2004]
A.
Any
change in the ownership or operating entity named as the permittee
of the approved conditional use permit will require a transfer of
conditional use permit.
B.
All
requests for transfers must be filed on an application form available
through the Department of Planning and Development Services. Additional
documentation regarding ownership of the operation and sale/lease
arrangements may also be required as part of the application process.
At the time that an application is filed, a fee shall be paid the
City of Clayton to the credit of the General Revenue Fund of the City.
C.
All
substantial transfers shall be subject to review and approval by the
Board of Aldermen. The Board of Aldermen may also, in its discretion,
refer such request for transfer to the City Plan Commission for review
and recommendation. The following is a list of transfers that represent
a substantial change from the provisions of the originally approved
conditional use permit:
D.
Requests
for transfers that are deemed by the Director of Planning and Development
Services to represent minor change(s) from the provisions of the originally
approved conditional use permit shall be subject to approval by the
Director of Planning and Development Services or his/her designee.
The following is a list of amendments that may, at the discretion
of the Director of Planning and Development Services, represent minor
changes from the provisions of the originally approved conditional
use permit:
[Ord. No. 5814 §1(9.12), 4-27-2004]
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 of approval. The permittee shall within thirty (30)
days of the adoption of the resolution granting the conditional use
permit, amendment to a conditional use permit or transfer of conditional
use permit notify the City Clerk of the City of Clayton in writing
that the conditional use permit is accepted and that the conditions
set forth therein are understood and will be complied with. Failure
to notify the City Clerk of the City of Clayton in writing that the
conditional use permit is accepted and that the conditions set forth
therein are understood and will be complied with will result in the
rescinding of the approval.
[Ord. No. 5814 §1(9.13), 4-27-2004]
A conditional use permit may be revoked upon recommendation
of the City Manager and approval of the Board of Aldermen should any
condition of the conditional use permit be violated in any manner,
provided however, that the property owner was first served with an
order to remove the violation and the property owner failed to comply
with the order within ten (10) days of receiving the order and following
a public hearing held in accordance with this Article.
[Ord. No. 5814 §1(9.14), 4-27-2004]
Special use permits issued prior to the enactment of conditional
use permits shall be deemed to be the same as a conditional use permit.
Uses existing prior to the provisions for either special use or conditional
use permits shall be deemed to have received a conditional use permit.
However, any enlargement, alteration or extension of a special use
or a use deemed approved requires a conditional use permit approved
by the Board of Aldermen.
[Ord. No. 5814 §1(9.15), 4-27-2004]
Approvals shall be void unless a building permit is issued within
one (1) year from the date of approval by the Board of Aldermen. A
written request for an extension of time must be received by the City
Clerk not less than forty-five (45) days prior to the expiration of
the original one (1) year period. The applicant shall bear the burden
of providing just cause for delay, proof that the project remains
the same and proof that no circumstances bearing upon the suitability
of the project have changed. Approval for request of extension is
at the sole discretion of the Board of Aldermen.
[Ord. No. 5814 §1(9.16), 4-27-2004]
In the event that the Board of Aldermen denies an application
for a conditional use permit, no request for hearing upon the same
application or substantially similar application will be accepted
for a period of at least one (1) year from the date of denial by the
Board of Aldermen.
[Ord. No. 5814 §1(9.17), 4-27-2004]
Building permits shall be issued in accordance with the approved
conditional use permit plans. A copy of the approved plans shall be
retained in the records of the office of the Department of Planning
and Development Services and all building and occupancy permits issued
by the Director of Planning or his/her designee shall conform to the
provisions of the plans.
[Ord. No. 5814 §1(9.18), 4-27-2004]
An aggrieved party may, within fifteen (15) days of the decision
for which redress is sought, file with the Board of Aldermen a written
request for reconsideration and appeal of any decisions of the Board
of Aldermen 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 any 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 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 by the Architectural
Review Board or may, at its sole discretion, receive additional evidence
in such manner as it deems appropriate in light of the circumstances.
[Ord. No. 5814 §1(9.19), 4-27-2004]
The Board of Aldermen shall hear such interested parties as
may desire to be heard and after said hearing shall approve, modify
or disapprove the application. If the Board of Aldermen approves the
application, the Director of Planning and Development Services or
his/her designee shall promptly issue the requested permit. If the
application is approved with modifications, the Director of Planning
and Development Services or his/her designee will issue a permit after
the applicant submits the appropriate revisions to the plans.
