[R.O. 1994 § 405.680; Ord. No.
94-8 Art. 9 § 1, 5-10-1994]
A.
Delegation Of Power. The Governing Body is hereby authorized to decide
whether special use permits shall be granted subject to the general
and specific standards contained in the ordinance; 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. The Governing Body shall decide whether
special use permits shall be granted only after having received a
recommendation from the Planning and Zoning Commission. 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 or Governing Body 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 recommend or the Governing Body 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.
Special Use Permits In Residential Districts. In no event shall special
use permits in residential districts be transferable from an owner-applicant
to a subsequent owner of the subject real estate or structure.
[R.O. 1994 § 405.690; Ord. No.
94-8 Art. 9 § 2, 5-10-1994; Ord. No. 2009-12, 2-24-2009]
A.
Application. A written application for a special use permit shall
be filed with the Zoning Administrator and shall include a statement
indicating the section of the ordinance 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. The
application shall be accompanied by an area map and site plan of the
subject property.
B.
Fees. Every application for a special use permit shall be accompanied by an amount as set forth in Section 405.920 of this Chapter. All filing fees and service fees shall be non-refundable.
C.
Site Plan. All applicants for a special use permit shall submit with
their application ten (10) copies of a development plan for the property
which shall include the following.
D.
Hearing. Upon receipt of the formal application and all accompanying
material, the 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 in a newspaper of
general circulation at least fifteen (15) days prior to the date set
for hearing. The Planning and Zoning Commission shall submit a recommendation
to their Governing Body within thirty (30) days after the close of
the public hearing.
E.
Findings. In making a recommendation to the Governing Body, the Planning
and Zoning Commission shall specify the particular grounds relied
upon and their relation to the proposed use and 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.
F.
Action By Governing Body. The Governing Body shall consider the Planning
and Zoning Commission's recommendation at the next regularly scheduled
Governing Body meeting for which the agenda item can be docketed.
The Governing Body shall consider the recommendation of the Planning
and Zoning Commission and act in accordance with the procedures for
amending zoning district boundaries. If the Governing Body fails to
act upon a recommendation within one hundred thirty (130) days from
the receipt thereof, the application shall be deemed to have been
denied.
[R.O. 1994 § 405.700; Ord. No.
94-8 Art. 9 § 3, 5-10-1994]
A.
Generally. 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.
[R.O. 1994 § 405.710; Ord. No.
94-8 Art. 9 § 4, 5-10-1994]
A.
In granting a special use, the City 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.
Daycare centers shall obtain a special use permit for the care
of more than six (6) children in zoning districts permitting residents,
provided that;
a.
One (1) off-street parking space is provided for each non-resident
or non-family member employee in addition to the two (2) spaces per
single-family or duplex unit required. The residential driveway is
acceptable for this purpose.
b.
If located on an arterial or collector street, an off-street
dropoff/pickup area must be provided.
c.
The requirements for accessory uses for the proposed daycare
home are met.
2.
Auto wrecking yards, junk yards, salvage yards and scrap processing
yards:
a.
Shall be located at least three hundred (300) feet from a residential
district zone.
b.
The operation shall be conducted wholly within a non-combustible
structure or within an area completely enclosed by a fence or wall
at least eight (8) feet high. The fence or wall shall be of uniform
height, color and texture and shall be maintained in good condition
by the property owner. No scrap, junk or other salvaged materials
shall be piled to exceed the height of this wall or fence.
c.
No junk or salvaged material shall be loaded, unloaded or stored,
either temporarily or permanently, outside the enclosed structure,
fence or wall.
d.
Burning of paper, trash, junk or other waste materials shall
be permitted only after approval of the Fire Department, except when
prohibited by the Missouri Department of Health and Environment.
3.
Funeral, mortuary or crematory services shall be located on
a collector or arterial street as shown on the Comprehensive Plan.
4.
Travel trailer camps shall be permitted subject to the following
conditions:
a.
The site selected for travel trailer camp 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 which it has frontage on. Short-term occupancy shall not exceed
thirty (30) days, except as approved by the Zoning Administrator.
b.
Minimum tract size shall be two (2) acres and be in one (1)
ownership.
c.
The maximum number of travel trailer spaces allowed within the
permitted districts shall not be more than twenty (20) per acre. Consideration
shall be given to whether the camp and the density level are designed
accordingly. The densities of overnight use may be higher than destination
type since it primarily serves as a short stopping point while the
destination type camp located at or near a scenic historical or outdoor
recreational area provides for longer and extended stays of several
days or weeks.
d.
Minimum width of a trailer space shall be twenty-five (25) feet
and it shall be so designed to provide space for parking both the
trailer and towing vehicle off the roadway. No trailer unit shall
be closer than ten (10) feet to any other adjacent unit, structure
or roadway and all spaces shall have direct access to the roadway.
No unit shall be placed closer than thirty (30) feet to any of the
development property lines and the ten (10) feet nearest the property
line shall be permanently maintained as a sodded and/or landscaped
area.
e.
A central office or convenience establishment with an attendant
shall be provided within the trailer camp to register guests and provide
service and supervision to the camp for camps in excess of five (5)
acres.
f.
The applicant for a travel trailer camp 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 fully evaluate the proposed
development. The applicant shall submit the information on a sheet
size not to exceed twenty-four (24) inches by thirty-six (36) inches
dimensions as a proposed development plan showing:
(1)
General layout of development with dimensions,
depths, number of spaces and related sanitation accommodations.
(2)
Parking area location, sizes and capacity.
(3)
Ingress and egress points for the project.
(4)
Use of structures.
(5)
General layout of typical travel trailer space
showing size of space and proposed improvements.
(6)
Layout of roadway within the camp.
(7)
Net density of proposed project, expressed in terms
of units per acre.
(8)
General landscaping plan indicating all new and
retained plant material to be incorporated within the new development
and layout of outdoor lighting system.
(9)
Plan and method of sewage disposal and water supply.
(10)
Location plan and number of proposed sanitary
conveniences, including proposed toilets, washrooms, laundries and
utility areas.
(11)
The development shall provide a general refuse
storage area or areas which shall be provided with a paved concrete
surface and shall be enclosed to screen it from view.
g.
The travel trailer camps shall be planned and constructed in
accordance with the minimum standards as established in this Section
and as outlined below:
(1)
All parking areas and roadways shall be constructed
and paved with a hard surface bituminous or concrete material.
(2)
All camps shall be provided with general outdoor
lighting with a minimum of three-tenths (0.3) foot-candles of general
illumination.
(3)
All yard areas and other open spaces not otherwise
paved or occupied by structures shall be sodded and/or landscaped
and shall be maintained.
5.
Kennels — Breeding And Boarding.
a.
The minimum lot size shall not be less than two (2) acres.
b.
No kennel structures or runs shall be located nearer than seventy-five
(75) feet to any property lines.
c.
All kennel runs or open areas shall be screened around such
areas or at the property lines to prevent the distraction or excitement
of the dogs. Such screening may be mature, dense deciduous foliage
(double row), solid masonry, brick or stone wall, louvered wood, stockade
or chain link fence with aluminum strip intertwined or other equivalent
fencing providing a sight barrier to the dogs.
6.
Bed And Breakfast. The following requirements shall apply:
a.
Two off-street parking spaces with one (1) additional off-street
parking space per lodging room shall be provided.
b.
The structure shall contain no less than two thousand (2,000)
square feet of habitable floor area and shall comply with standards
for minimum dwelling size as required in the "R-3" District for multi-family
dwellings.
7.
A sexually oriented business subject to the following conditions:
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 not be located closer than two thousand
five hundred (2,500) feet from any church, school, public building
or existing residence.
c.
A sexually oriented business shall be located at least two thousand
five hundred (2,500) feet from another sexually oriented business.
d.
The Board of Aldermen may require any additional conditions
that are deemed necessary.
[R.O. 1994 § 405.720; Ord. No.
94-8 Art. 9 § 5, 5-10-1994]
A.
Sunset. A special use permit shall expire upon public hearing unless
a building permit is taken within twelve (12) months to effectuate
such specially permitted use; or if no building permit is required,
evidence of use is filed with Building Inspector.
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; except that the special use permit
for an auto salvage yard shall automatically expire if the State license
for operating the auto salvage yard lapses for a period of time more
than six (6) months.
C.
Home Occupation. A special use permit for a home occupation shall
not be transferable to a new owner of the real estate.
