[R.O. 2012 §405.760; CC 1975 §31-92; Ord. No. 346 Art. 18, §1, 2-10-1969]
The lawful use of open land for storage purposes and advertising
signs and bulletin boards which do not conform to the provisions of
this Chapter shall be discontinued within two (2) years from February
10, 1969, and the use of land for storage purposes and by signs and
bulletin boards which become non-conforming by reason of a subsequent
change in this Chapter shall be discontinued within two (2) years
from the date of the change.
[R.O. 2012 §405.765; CC 1975 §31-93; Ord. No. 346 Art. 18, §2, 2-10-1969]
The lawful use of a building existing on February 10, 1969,
may be continued, although such use does not conform to the provisions
hereof. A non-conforming use of a building may be changed to another
non-conforming use of the same or of a more restricted classification.
Whenever a non-conforming use has been changed to a more restricted
use or to a conforming use, such use shall not thereafter be changed
to a less restricted use.
[R.O. 2012 §405.770; CC 1975 §31-94; Ord. No. 346 Art. 18, §3, 2-10-1969]
Whenever the use of a building becomes non-conforming through
a change in this Chapter or District boundaries, such use may be continued,
and if no structural alterations are made, it may be changed to another
non-conforming use of the same or of a more restricted classification.
[R.O. 2012 §405.775; CC 1975 §31-95; Ord. No. 346 Art. 18, §4, 2-10-1969]
In the event that a non-conforming use of any building or premises
is discontinued for a period of two (2) years, the use of same shall
thereafter conform to the use permitted in the District in which it
is located.
[R.O. 2012 §405.780; CC 1975 §31-96; Ord. No. 346 Art. 18, §5, 2-10-1969]
No existing building or premises devoted to a use not permitted
by this Chapter in the District in which such building or premises
is located, except when required to do so by law or order, shall be
enlarged, extended, reconstructed or structurally altered, unless
such use is changed to a use permitted in the District in which such
building or premises is located.
[R.O. 2012 §405.785; CC 1975 §31-97; Ord. No. 346 Art. 18, §6, 2-10-1969]
When a building, the use of which does not conform to the provisions
of this Chapter, is damaged by fire, explosion, act of God or the
public enemy, to the extent of more than sixty percent (60%) of its
reasonable value, it shall not be restored, except in conformity with
the District regulations of the District in which the building is
situated. When a building, the use of which does not conform to the
provisions of this Chapter, is damaged by fire, explosion, act of
God or the public enemy, to the extent of more than sixty percent
(60%) of its reasonable value, it may be restored if the Board of
Adjustment finds some compelling public necessity requiring the continuance
of the non-conforming use and the primary purpose of continuing the
non-conforming use is not to continue a monopoly.
[R.O. 2012 §405.790; CC 1975 §31-98; Ord. No. 346 Art. 18 §7, 2-10-1969; Ord. No. 316 §§1 —
2, 1-8-1991; Ord. No.
367 §2, 11-9-1993; Ord. No. 458 §3, 5-2-2000; Ord. No. 532 §5, 6-1-2004]
A.
Purpose. Special 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:
1.
A tendency to generate excessive traffic,
2.
A potential for attracting a large number of persons to the area
of the use, thus creating noise or other pollutants;
3.
A detrimental affect upon the value or potential development of other
properties in the neighborhood, or
4.
An extraordinary potential for accidents or danger to public health
or safety.
B.
Procedures. A Special Use Permit application may be initiated
by a verified application of the owners of record or owners under
contract of a lot or tract of land, or their authorized representatives,
or by the Planning and Zoning Commission or by the City Council. Any
application submitted by an owner under contract must also evidence
that the owner of record has authorized and approved of the proposed
application and granting of the permit requested thereby. Procedures
for application, review, and approval of a Special Use Permit shall
be as follows:
1.
Application. Application for a Special Use Permit
for a specific tract of land shall be addressed to the Planning and
Zoning Commission. The application shall be filed on forms prescribed
for that purpose and be accompanied by the following information and
materials, provided however, that at the request of the applicant,
the City Council may waive compliance with such of the following requirements
as it may determine to be unnecessary or unduly burdensome in a particular
instance:
a.
Filing fee per requirements of the City.
b.
Legal description of the property.
c.
An outboundary survey plat, with a land surveyor's seal and statement
of verification regarding the source of boundary dimensions, bearings,
and source of contour data. The plat shall also identify adjoining
properties and the record owners thereof.
d.
A site plan containing the following information:
(1)
Site and landscape plan. One (1) or a series
of maps shall be submitted indicating:
(a)
An outboundary survey plat, with a land surveyor's seal and
statement of verification regarding the source of boundary dimensions,
bearings, and source of contour data, and legal description of the
property. The plat shall also identify adjoining properties and the
record owners thereof.
(b)
The location, size and height of all existing and proposed structures
on the site.
(c)
The location and general design (dimensions and materials) of
all driveways, curb cuts and sidewalks including connections to building
entrances.
(d)
The location, area and number of proposed parking spaces.
(e)
Existing and proposed grades at an interval of two (2) feet
or less, extended beyond the project site to include adjacent properties
and structures.
(f)
The location and general type of all existing trees over six
(6) inch caliper and, in addition, an indication of those to be retained.
(g)
The proposed general use and development of internal spaces,
including all recreational and open space areas, plazas and major
landscaped areas by function, and the general location and description
of all proposed outdoor furniture (seating, lighting, telephones,
etc.).
(h)
The location and approximate size of all proposed plant material
by type, such as hardwood/deciduous trees, evergreen trees, flowering
trees and shrub masses, and types of ground cover (grass, ivies, etc.).
Planting in parking areas should be included.
(i)
The location and details (including a description of materials
and appearance) of all retaining walls, fences (including privacy
fences, etc., and earth berms.
(j)
The description and location of all refuse collection facilities
including screening to be provided.
(k)
The provisions for both on- and off-site storm water drainage
and detention related to the proposed development.
|
|
The scale of the drawing or drawings indicating the above shall
be reasonably related to the site size and the complexity of the proposed
development, and the scale shall in no event be smaller than one (1)
inch equals fifty (50) feet. All drawings shall likewise indicate
a project name, the names of adjoining streets, the applicant's name,
a scale, a north arrow, and the date drawn.
|
|
|
The applicant may be required to provide, at applicant's expense,
additional clarification and/or further detail of the site plan, as
deemed necessary by the Planning and Zoning Commission.
|
(2)
Site and building sections. Schematic or illustrative
sections shall be drawn to a scale of one (1) inch equals eight (8)
feet or larger, indicating both edge conditions and internal grade
changes in relation to principal variations of internal building levels
and sight line relations to adjacent structures.
(3)
Typical elevations. Typical elevations of proposed
buildings shall be provided at a reasonable scale.
(4)
Project data.
(a)
Site area (square feet and acres);
(b)
Allocation of site area by building coverage, parking, loading
and driveways, and open space areas including total open space, recreation
area, landscaped areas and others;
(c)
Total dwelling units and floor area distributed by general type
(one (1) bedroom, two (2) bedroom, etc.); and total floor area ratio
and residential density distribution (if applicable);
(d)
Floor area in non-residential use by category and total floor
area ratio (if applicable);
(e)
Calculations of parking spaces and area in relation to dwelling
units and commercial floor area.
(5)
Project report. A brief project report shall
be provided to include an explanation of the character of the proposed
development, verification of the applicant's ownership and contractual
interest in the subject site, and anticipated development schedule.
At the discretion of the Planning and Zoning Commission and/or City
Council, analyses by qualified technical personnel or consultants
may be required as to the market and financial feasibility, traffic
impact, environmental impact, storm water and erosion control, etc.,
of the proposed development.
(6)
Phased development. If the Planned Development
is proposed to be constructed in stages or units during a period extending
beyond a single construction season, a development schedule indicating:
(a)
The approximate date when construction of the project can be
expected to begin;
(b)
The order in which the phases of the project will be built;
(c)
The minimum area and the approximate location of common open
space and public improvements that will be provided at each stage;
(d)
If any stage or unit as proposed contains a share of open space
or other public or private recreation or service facility less than
that which its size, number of units or density would otherwise require,
a statement shall be submitted setting forth what bond, credit, escrow
or other assurance the applicant proposes in order to ensure that
the difference between that which would otherwise be required and
that which the applicant proposes to provide in the instant stage
or unit is ultimately provided;
(e)
Placement of all temporary structures utilized during construction,
i.e., construction offices, siltation control devices, etc.
2.
Burden of proof. In presenting any application for
a Special Use Permit, the burden of proof shall rest with the applicant
to clearly establish that the proposed special use shall meet the
following criteria:
a.
The proposed special use complies with all applicable provisions
of the applicable District regulations.
b.
The proposed special use at the specified location will contribute
to and promote the welfare or convenience of the public.
c.
The proposed special use will not have a deleterious impact on the
value of other property in the neighborhood in which it is to be located.
d.
The location and size of the special use, the nature and intensity
of the operation involved in or conducted in connection with it, and
location of the site with respect to streets giving access to it are
such that the special 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 special use will so dominate the immediate neighborhood, consideration
shall be given to:
e.
Off-street parking and loading areas are provided in accordance with
the standards set forth in these regulations.
f.
Adequate utility, drainage, and other such necessary facilities are
provided.
g.
The proposed special use is consistent with good planning practice;
can be operated in a manner that is not detrimental to permitted developments
and uses in the District; can be developed and operated in a manner
that is visually compatible with permitted uses in the surrounding
area; and is deemed essential or desirable to preserve and promote
the public health, safety, and general welfare of the City of Normandy.
3.
Review procedures.
a.
Upon receipt of a completed application, the Planning and Zoning
Commission shall institute an administrative review of the application
and site plan by all affected City Departments and any consultants
designated by the City. The results of this review shall be reported
to the Planning and Zoning Commission for its consideration. The Commission
shall consider an application after all required documents are filed.
The Commission shall recommend approval, approval with specified conditions
or denial of the application and shall file its report and recommendation
with the City Council.
b.
Before acting upon any application for Special Use Permit, the City
Council shall hold a hearing thereon, after at least fifteen (15)
days public notice of such hearing is published in a newspaper of
general circulation within the City and written notice is given to
all property owners within the City limits whose property lies within
one hundred eighty-five (185) feet of the property for which a Special
Use Permit has been requested. The City Council may refer the application
back to the Commission for additional study before making its final
decision. No additional public notice is required to be given.
c.
The affirmative vote of a majority of all the members of the City
Council shall be required to authorize and approve the issuance of
any Special Use Permit contrary to the recommendation of the Planning
and Zoning Commission. The affirmative vote of two-thirds (⅔)
of all the members of the City Council shall be required to authorize
and approve the issuance of a special use permit when a protest against
the issuance thereof shall be presented in writing to the City Clerk;
duly signed and acknowledged by the owners of thirty percent (30%)
or more either of the area of the land (exclusive of streets and alleys)
included in the application for such permit or within an area determined
by lines drawn parallel to and one hundred eighty-five (185) feet
distant from the boundary of the property for which the permit has
been requested.
4.
Permitted effective — when. The permit shall
become effective upon approval by the City Council. In the event that
a Special Use Permit is filed in conjunction with a change of zoning,
the permit shall not become effective until the date of enactment
of an 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.
5.
Recording. Prior to the issuance of any building
permit, or permit authorizing the use of the property in question,
the applicant shall record with the St. Louis County Recorder of Deeds:
a copy of the approved Special Use Permit, including all attached
conditions, the approved site plan, a legal description of the property,
an out-boundary survey and any subsequent amendments.
6.
Failure to commence construction or operation. Unless
otherwise stated in the conditions of a particular Special Use Permit,
substantial work, construction, or operation of the special use where
construction is not required, shall commence within six (6) months
of the effective date of the permit and shall thereafter be pursued
with reasonable diligence unless such time period is extended through
appeal to and approval by the City Council. If no appeal is made,
and no extension of time is received or granted, the permit shall
immediately terminate upon expiration of the six (6) month period.
7.
Revocation of special use permit. Upon finding that
an approved Special 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, the City Council shall have the authority to
revoke the permit after affording the permittee the right to be heard.
8.
Transferability. All Special Use Permits shall be
approved for the originating applicant for a specific location only,
and may not be transferred to any other location. The permit may not
be transferred to any other person or entity prior to commencement
of the use without the consent of the City Council.
9.
Procedure to amend approved special use permit. In order to amend an existing Special Use Permit, the application
procedures, required materials, and approval process shall be the
same as for a new permit.
C.
Special Uses. The City Council of the City of Normandy may,
by special use permit, after public hearing, authorize the location
of any of the following buildings or uses in the Districts hereinafter
designated and from which they are otherwise prohibited by this Chapter;
provided however, that appropriate conditions and safeguards shall
be imposed to protect the public welfare and to conserve and protect
property and property values in the neighborhood.
1.
In any District.
a.
Any public building or facility erected or used by any department
of the City, County, State or Federal Government, not specifically
addressed in any other provision of this Zoning Code, other than sewage
or sanitation facilities.
b.
Privately operated outdoor recreation fields.
c.
Private recreational activities for temporary or seasonal periods.
d.
Churches and houses of religious worship.
e.
Private or public elementary or secondary schools, including nursery,
prekindergarten, kindergarten or special schools operated on the same
premises.
f.
Private stables, when located on a lot of three (3) acres or more,
provided any such building shall not exceed a capacity of one (1)
horse for each acre of lot area and shall not be closer than two hundred
(200) feet to any dwelling.
g.
(Reserved)
h.
Temporary roadside stands offering for sale products produced on
the premises.
i.
Electrical substations.
2.
In the "E", "F" and "G" Districts.
a.
Greenhouses and nurseries, provided that all structures and storage
areas must be located at least one hundred (100) feet from any property
located in any "R" District.
b.
Public or private sanitation or sewage collection, detention, treatment
or processing facility.
c.
Child care facilities.
d.
Filling stations for automobiles and vehicle service and repair facilities.
Provided however, that all storage tanks for volatile substances must
be located below ground and at least two hundred (200) feet from any
church, school, hospital, playground or similar place of public attendance
or assembly, or a children's or retirement or nursing home. The distance
shall be the shortest distance from property line to property line.
e.
Taverns and bars.
f.
Mortuary establishments.
g.
Financial institutions not having drive-through facilities.
h.
Restaurants, but no fast food restaurants or restaurants with drive
in or drive through facilities.
3.
In the "F" and "G" Districts.
a.
Hospitals, clinics, and institutions, including educational, religious
and philanthropic institutions when located on a site containing an
area of not less than five (5) acres; provided however, that such
buildings shall not occupy over forty percent (40%) of the total area
of the lot and will not have any serious and depreciating affect upon
the value of the surrounding property, and provided further that the
buildings shall be set back at least one hundred (100) feet from the
front lot line and shall be set back from the otherwise required side
and rear yards an additional distance equal to two (2) feet for each
foot of building height.
b.
Amusement parks.
c.
Animal hospitals, veterinary clinics and kennels.
d.
Car washes for automobiles. The facility shall not be located closer
than one hundred (100) feet to any adjacent building and shall not
have any serious depreciating affect upon the value of the surrounding
property.
e.
Restaurants, including fast food, drive-in or drive through facilities.
f.
Financial institutions with drive through facilities.
g.
Hotels.
h.
Residential or outpatient facilities for the treatment of alcohol
or other drug abuse. Provided however, that no residential facility
shall be located within one thousand three hundred (1,300) feet of
any other residential facility, and that the building or structure
used for any residential facility shall maintain an exterior appearance
in reasonable conformance with the general standards of the area.
i.
Comprehensive marijuana dispensary facilities, marijuana microbusiness
dispensary facilities, and medical marijuana dispensary facilities.
[Ord. No. 785, 7-11-2023]
4.
In the "G" Light Industrial District.
a.
Airport or heliport, including hangars and normal accessory and service
buildings.
b.
Extraction of sand, gravel, or other raw materials.
c.
Any industrial or manufacturing use provided, except in the case
of electrical substations, that all operations and processes are carried
on in buildings not closer than one hundred (100) feet to any boundary
of any residential District, and provided further, that suitable safeguards
and conditions are imposed to protect life and limb and adjacent property
and prevent objectionable, dangerous and offensive conditions.
d.
Automobile sales facilities and/or showrooms.
e.
Building material sales yard for the sale of rock, sand, gravel,
cement, concrete products and the like, with concrete mixing facilities,
but with no rock crushing machinery. No portion of the sales yard
proper or concrete mixing plant to be closer than two hundred (200)
feet from any adjoining residential District, excluding width of roads.
f.
Adult entertainment establishments or businesses.
g.
Comprehensive marijuana cultivation facilities, comprehensive marijuana
dispensary facilities, comprehensive marijuana-infused products manufacturing
facilities, comprehensive marijuana testing facilities, marijuana
microbusiness dispensary facilities, marijuana microbusiness wholesale
facilities, medical marijuana cultivation facilities, medical marijuana
dispensary facilities, and medical marijuana-infused products manufacturing
facilities.
[Ord. No. 785, 7-11-2023]
D.
Severability. It is hereby declared to be the intention
of the City Council that each and every part, Section and Subsection
of this Section shall be separate and severable from each and every
other part, Section and Subsection hereof and that the City Council
intends to adopt each said part, Section and Subsection separately
and independently of any other part, Section and Subsection. In the
event that any part of this Section shall be determined to be or to
have been unlawful or unconstitutional, the remaining parts, Sections
and Subsections shall be and remain in full force and effect.
