[Ord. No. 7249 §1, 2-13-2006]
In this Zoning Ordinance, the City has set forth Districts within
which the use of land and structures and the bulk and location of
structures in relation to the land are substantially uniform. It is
recognized, however, that there are certain uses which, because of
their unique characteristics and features, cannot be classified in
a particular District or Districts without consideration, in each
case, of the impact of such uses on the health, safety, morals and
general welfare of the City. Such uses are therefore treated as Special
Uses. A Special Use is not the automatic right of any applicant. The
City of Florissant reserves the full discretion to deny any such application
which is detrimental to the health, safety, morals and general welfare
of the inhabitants of the City or areas adjacent to the City.
[Ord. No. 7249 §1, 2-13-2006]
The City Council may, by Special Use Permit, after public hearing
and notice as provided in this Article and subject to such protective
restrictions that the Council may deem necessary, authorize the location,
extension or structural alteration of any of the buildings or uses
under the Special Use Sections of each Zoning District of the Florissant
Zoning Code.
[Ord. No. 7249 §1, 2-13-2006]
A.
The
City Council may authorize the transfer of a Special Use Permit granted
pursuant to the terms of this Section under the following procedures:
1.
The applicant for transfer of a Special Use Permit shall file with
the City Clerk the application form identical to the form used to
apply for a new Special Use Permit except that the said form shall
be clearly marked as a transfer.
2.
The application shall clearly state that the applicant will operate
the business in the same manner and under the same conditions and
terms as were set out in the original ordinance granting the Special
Use Permit or any amendments thereto, except for any proposed change
in sign face of an authorized sign.
3.
The Council shall, by motion duly passed, agree to consider the application
for transfer and shall authorize the petitioner thereby to present
the petition for transfer.
4.
At the close of the presentation for transfer the Council, by motion,
shall either refer the matter to the Planning and Zoning Commission
for full review or direct that an ordinance be placed on the next
agenda authorizing by ordinance the transfer of the Special Use Permit.
5.
Application for Special Use Permit under the provisions of this Section
shall be signed by applicant and presented to the Building Commissioner
in duplicate. Upon receipt of such request the Building Commissioner
shall stamp the date of such receipt upon the original and duplicate
and shall transmit the duplicate copy of said request to the Commission
of the City, which Commission shall make a report to the City Council
within thirty (30) days of said date regarding the effect of such
proposed building or use upon the character of the neighborhood, the
traffic conditions, public utility facilities and other matters pertaining
to the public safety or general welfare of the residents of the City
of Florissant. No action shall be taken upon any application for a
Special Use Permit to erect a building or for use of land until and
unless the report of the Commission has been filed with the City Clerk.
Provided however, that if no report is received from the Commission
within thirty (30) days from receipt of the application for such permit
by the Building Commissioner, then the City Council may proceed with
its action upon the application or such action may be tabled or postponed
for an additional period not exceeding thirty (30) days, in which
case the Commission shall be notified of such postponement.
6.
The City Council shall not grant any Special Use Permit, as provided
in this Article, unless a public hearing shall be held and at least
fifteen (15) days' notice of such public hearing shall have been published
in a legal newspaper of general circulation within the City of Florissant
giving the time, place and purpose of such hearing. All public hearings
shall be at the request of the petitioning party, which said request
shall be made of the City Clerk within sixty (60) days of the final
action of the Planning and Zoning Commission. Any request for public
hearing not submitted within sixty (60) days of the Planning and Zoning
Commission action shall be deemed to have been abandoned.
7.
If, after a presentation to the Commission, a petition for Special
Use Permit is disapproved by said Commission, said Commission shall
not reconsider a presentation concerning the same tract of land and
for the same use within six (6) months following the date of the aforesaid
disapproval, unless all seven (7) members or two-thirds (2/3) of all
members of the Commission, present or otherwise, whichever is the
largest number, at a regular meeting approve such request for reconsideration.
8.
If, after a public hearing by the City Council as herein prescribed,
a petition for Special Use Permit is rejected or disapproved, no public
hearing may be granted to consider a petition concerning the same
tract of land and for the same use for six (6) months following the
date of the aforesaid rejection or disapproval unless at least seven
(7) members or two-thirds (2/3) of all members of the City Council,
present or otherwise, whichever is the largest number, shall approve
such request for the public hearing.
