[CC 1976 App. A §10.01; Ord. No. 2449 §1, 11-14-1988]
A.
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:
1.
A tendency to generate traffic;
2.
A potential for attracting a number of persons to the area of the
use, thus creating noise or other pollutants;
3.
A detrimental effect upon the value or potential development of other
properties in the neighborhood; or
4.
A potential for accidents or danger to public health or safety.
B.
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 uses.
[CC 1976 App. A §10.02; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord.
No. 2542 §2, 12-11-1989; Ord. No. 2003-04 §1, 1-27-2003]
A.
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 City Council. 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 and
Zoning Commission and filed in its public office. The application
shall be filed on forms prescribed for that purpose by the Planning
and Zoning 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 within forty-five
(45) days of verification by the Director of Public Works that the
application meets the minimum application requirements. Notice of
such public hearing shall be provided at least seven (7) days in advance
of the hearing by either:
a.
Publication of notice in a paper of general circulation within the
City; or
b.
Certified mailing or personal delivery to all property owners and
tenants within a two hundred (200) foot radius of the subject property,
with proof of mailing or personal service by the applicant or agent
to be filed prior to the conclusion of the public hearing. The requirements
of a public hearing shall apply equally to actions initiated by the
City Council or the Planning and Zoning Commission.
3.
Burden of proof. In presenting any application for
a conditional use permit to the Planning and Zoning 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 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 and/or
the City's comprehensive plan. 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.
h.
Adequate provisions for internal traffic and pedestrian traffic are
made.
4.
Approval or denial of application. Subsequent to public hearing, the Planning and Zoning Commission shall file a report with the City Council 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 for which the evidence submitted by the applicant, as required in Subsection (3) above, reflects that such developments and uses are 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 Overland. 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 and Zoning Commission shall deny the conditional use permit. 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.
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.
5.
Permit effective, when. Unless the City Council
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 at the later of:
a.
The regularly scheduled meeting of the City Council at which the
report of the Planning and Zoning Commission concerning the proposed
conditional use permit is received; or
b.
The expiration of the period in which a protest may be filed pursuant to Section 400.675(B). If the City Council exercise its power of review or a protest is filed, a conditional use permit shall not become effective until the Council makes its decision with respect to the application.
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.
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 City Council does not exercise
its power of review, no subsequent application for a permit with reference
to the same property or part thereof concerning the same conditional
use shall be filed by any applicant until the expiration of twelve
(12) months after the denial. Although the applicant is restrained
from reapplying for a twelve (12) month period, no provision herein
shall be construed to prevent the Planning and Zoning Commission or
the City Council from initiating the procedure provided in this Section
by a resolution of intention at any time.
[CC 1976 App. A §10.03; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord.
No. 2542 §2, 12-11-1989]
A.
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 City Council requesting a determination from that body. A notice
of appeal shall be filed within ten (10) days following the Planning
and Zoning Commission's decision, be in writing, filed with the City
Clerk and accompanied by a fee as set by City ordinances. The appeal
shall specifically state how the application as initially filed, or
subsequently modified, meets the applicable criteria set forth in
this Chapter and shall further state what finding of fact or conclusion
of law of the Commission's decision is in error.
B.
Protest By Nearby Property Owners To Decision. In case a
protest against such conditional use is presented, duly signed, notarized,
and acknowledged by the owners of thirty percent (30%) or more of
the areas of the land (exclusive of streets and alleys) included in
such proposed change, or of the owners of thirty percent (30%) or
more of the land within an area determined by lines drawn parallel
to and one hundred eighty-five (185) feet distance from the boundaries
of the property upon which the conditional use will be located, such
conditional use shall not become effective except by the favorable
vote of two-thirds (⅔) of all the members of the City Council.
A notice of protest must be filed within the ten (10) days following
the Planning and Zoning Commission's decision, be in writing, filed
with the City Clerk, and accompanied by the signatures and addresses
of the property owners opposed to such conditional use. The notice
of protest shall include a notarized verification from the person(s)
collecting the protestants' signatures that all signatures are correct
and genuine. The protest shall specifically state how the application,
as initially filed or subsequently modified, fails to meet the criteria
set forth in this Chapter.
C.
City Council Review Of Decision. Unless a notice of appeal
or a notice of protest has been filed, the City Council may commence
the exercise of the power of review of any Planning and Zoning Commission
decision on an application for a conditional use permit, or an amendment
thereto, either at the same meeting at which the report of the Planning
and Zoning Commission on the application is received or, upon motion
duly adopted by the majority vote of the Council at the meeting at
which the report of the Planning and Zoning Commission is received,
at a subsequent meeting of the Council not to exceed thirty (30) days
from the date on which the Planning and Zoning Commission report is
received.
Nothing herein shall prevent the City Council from conducting
a public hearing when, upon motion duly adopted by a majority of the
City Council, the Council determines that such a public hearing would
be in the best interests of all parties. Upon a motion being duly
adopted, the City Council shall withhold taking any action with respect
to an appeal by a petitioner until after the conclusion of the public
hearing.
D.
Public Hearing By The City Council. Before acting on any
appeal or protest, the matter shall be set for hearing before the
City Council and published notice in a paper of general circulation
shall be provided at least seven (7) days in advance of such hearing.
The applicant shall be provided written notice of the date, time and
location of such hearing by mail or personal delivery. All property
owners within two hundred (200) feet of the boundary of the real property
for which a conditional use permit is sought shall likewise be notified
at least seven (7) days prior to such hearing by written notice setting
forth the date, time and location of such hearing, such notice to
be sent by regular first class mail or personal delivery.
The applicant and the protestants, in the case of a protest,
shall be given an opportunity to be heard at the hearing. In addition,
any other person or persons whom, in the discretion of the City Council,
will be aggrieved by any decision or action with respect to the application,
may also be heard at the meeting.
E.
City Council Decision. Following receipt of the report of
the Planning and Zoning Commission on a conditional use permit application
not appealed or protested, or after public hearing in the case of
an appealed or protested decision of the Planning and Zoning Commission,
the City Council may affirm, reverse or modify, in whole or in part,
any determination of the Planning and Zoning Commission. An affirmative
vote of a majority of the members of the City Council shall be required
to reverse or modify any determination of the Planning and Zoning
Commission.
[CC 1976 App. A §10.04; Ord. No. 2449 §1, 11-14-1988]
As a condition of approval of a conditional use, the Commission
may require a deposit by the applicant with the City Clerk in the
form of cash, certified check, or surety bond acceptable to the City
Council, to insure performance of any obligations of the applicant
to make improvements shown upon the site plan accompanying the conditional
use permit application. The deposit shall be in an amount sufficient
to insure completion of the improvements within the time specified
by the Commission in accordance with regulations and standards established
by the City Council. The Clerk may rebate to the applicant, as the
work progresses, amounts of any cash deposits equal to the ratio of
the work completed to the entire improvements shown upon the site
plan as verified by the City Engineer and authorized by the City Council.
A performance bond is optional in specific situations where occupancy
is necessary prior to all improvements being in place.
[CC 1976 App. A §10.05; Ord. No. 2449 §1, 11-14-1988]
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.
[CC 1976 App. A §10.07; Ord. No. 2449 §1, 11-14-1988]
Conditional use permits shall be valid for an unlimited period subject to the requirements of Section 400.670 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 Planning and Zoning Commission, which may extend it for an unlimited period or for a specified additional period of years.
[CC 1976 App. A §10.08; Ord. No. 2449 §1, 11-14-1988]
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 Planning and Zoning
Commission. 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. When the conditional use permit commences,
evidence of commencement will be the issuance of a building permit,
if construction is required, or an occupancy permit, if construction
is not required.
[CC 1976 App. A §10.09; Ord. No. 2449 §1, 11-14-1988]
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, or through non-compliance with any
of the conditions attached to its approval, the Planning and Zoning
Commission reserves full authority to revoke the approval at anytime.
[CC 1976 App. A §10.10; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989]
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 title to the property be
transferred to a different owner, a renewal of the original conditional
use permit shall be required.
[CC 1976 App. A §10.11; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord.
No. 2542 §2, 12-11-1989; Ord. No. 2004-30 §7, 5-24-2004]
A.
Motor Vehicle Oriented Business (MVOB). Motor vehicle oriented
businesses may only be permitted in the "C-1", "C-2", "M-1" and "PD"
Districts and then only after review and approval by the Planning
and Zoning Commission for the specific location and treatment as shown
on the approved site plan. The site shall be subject to the following
conditions and procedures
1.
Motor vehicle oriented business, defined. See "DEFINITIONS", Section 400.060.
In instances where it is questionable as to whether or not the
business is an MVOB, the Planning and Zoning Commission will make
the determination.
2.
Permits issued, when.
a.
A building permit shall be issued for the construction of or additions
to motor vehicle oriented businesses when such plans have received
a conditional use permit approved by the City Council and such plans
comply with the approved site plan.
b.
An occupancy permit shall be issued when the provisions of this Chapter
have been met and the specified conditions of the City Council complied
with.
3.
Site plan required. A site plan and accompanying
information for a motor vehicle oriented business conditional use
permit shall be submitted and show the following:
a.
Structures. The location and dimensions of all structures
including buildings, pump islands, screened trash areas, fencing and
lighting (show direction and level of illumination).
b.
Natural features. The location of streams, rock
and stone outcroppings, existing trees and other natural features,
and detail on the manner in which such features will be treated. Also,
include site topography showing contours at an interval no greater
than two (2) feet.
c.
Landscaping. A complete plan and schedule of landscaping
on the site and adjoining public rights-of-way with detail on number,
location, size and name of each plant species (both scientific and
common name) together with detail on facilities required for maintenance
of such landscaping.
d.
Architectural elevations. A plan which indicates
the building height and roof line together with detail on exterior
materials to be used and lighting to be installed.
4.
Locational requirements. All motor vehicle oriented
businesses must be a minimum of one hundred fifty (150) feet from
all other motor vehicle oriented businesses, which distances shall
be computed as follows:
a.
For such businesses on the same side of the street, a minimum of
one hundred fifty (150) feet between the two (2) closest property
lines, said minimum distance, however, being subject to the effect
of the additional requirements as set forth in Subparagraphs (b) and
(c) of this Subsection.
b.
For such businesses on opposite sides of the street, no such business
shall be allowed on a lot where a line, drawn from both or either
front corner of said proposed lot, across the street and perpendicular
to the street right-of-way on which the proposed lot fronts, crosses
the right-of-way on the opposite side of the street at a point less
than one hundred fifty (150) feet from the closest property corner
of an already existing or approved motor vehicle oriented business
lot on said opposite side of the street.
c.
For four (4) corner intersections, two (2) motor vehicle oriented
businesses may be allowed at such an intersection but only on diagonally
opposite corners, regardless of their distance from one another; however,
no other motor vehicle oriented businesses shall be allowed within
one hundred fifty (150) feet of those intersection corners that are
unoccupied nor within one hundred fifty (150) feet of the property
lines of those motor vehicle oriented businesses so situated on corner
lots.
5.
Site design standards. The following site design
standards shall be met for all motor vehicle oriented businesses:
a.
Minimum lot area. Twenty thousand (20,000) square
feet.
b.
Minimum lot frontage. One hundred fifty (150) feet
(on corners, the frontage requirements shall apply to only one (1)
side).
c.
Lot area per pump island for automotive service stations. Automotive service stations shall be limited to two (2) service
islands and three (3) gasoline pumps per island for the minimum size
lot. One (1) service bay and three (3) pumps may be added for each
one thousand (1,000) square feet of site area exceeding the minimum;
however, in no case shall more than six (6) service islands be allowed
at any gasoline service station and no more than three (3) pumps permitted
on each island and no more than three (3) service bays shall be allowed
for each such station.
d.
Setbacks. From public streets and property lines
shall be as follows:
(1)
Front yard. There shall be a front yard having
a depth of not less than thirty (30) feet. Front yards shall conform
to minimum standard widths of streets and roads and to future street
and highway widenings according to the setback lines herein provided
for. Front yards shall be measured from proposed right-of-way lines
where setback lines are herein established and otherwise from an actual
or potential right-of-way of a fifty (50) foot wide road, street or
highway.
Where a lot is located at the intersection of two (2) or more
streets, the front yard requirements shall apply to each street. No
accessory building, canopy, service islands and other service or pickup
facilities shall project beyond the front building setback line.
(2)
Side yard. There shall be a side yard on each
side of the building of not less than five (5) feet. Side yard requirements
shall be twenty-five (25) feet where abutting any residential district.
(3)
Rear yard. There shall be a rear yard having
a depth of not less than twenty-five (25) feet.
6.
Drainage. All sites shall provide for proper stormwater
runoff to prevent flooding and/or ponding subject to approval of the
Director of Public Works.
7.
Trash storage areas. All motor vehicle oriented
businesses shall provide suitable storage of trash within areas which
are so designed and constructed as to allow no view of the trash storage
from the street, to prevent waste from blowing around the site or
onto adjacent properties or public rights-of-way and to permit safe,
easy removal of trash by truck or hand.
8.
Used oil storage. All used oils and other similar
materials and products shall be stored only in underground or inside
areas.
9.
Vehicular areas.
a.
The entire area used by vehicles for parking, storage and service,
etc., shall be paved with asphaltic concrete, Portland cement, concrete
or other material approved by the Director of Public Works.
b.
A raised Portland cement concrete curb shall be placed at the edge
of all pavement.
c.
All hydraulic hoists, pits, lubrication, washing, repair and service
not of an emergency nature shall be conducted entirely within a building.
10.
Ingress and egress.
a.
The minimum width of driveways at the property line shall be twenty-four
(24) feet and not greater than thirty-six (36) feet.
b.
The minimum distance of any driveway to property line shall be fifteen
(15) feet.
c.
Driveway openings shall be limited to one (1) drive per one hundred
(100) feet of width.
d.
The minimum distance a driveway into the site from a street intersection
shall be seventy-five (75) feet measured from the intersection of
the street right-of-way to the nearest end of the curb radius.
e.
The angle of driveway intersection with the street shall be based
upon reasonable criteria for safe traffic movements and shall be approved
by the Director of Public Works.
f.
Motor vehicle oriented businesses adjacent to or integrated in a
shopping center or cluster of commercial facilities shall use the
common access with other business establishments in that center.
12.
Landscaping and open space.
a.
All areas of the site not paved shall be landscaped with a mixture
of trees and grass or any combination of trees, shrubs, evergreens,
flowers, grass or other living ground cover to retard water runoff,
restrict blowing trash, and deter improper and unsafe access and site
use by the public. Tree shall be of three (3) inch caliber measured
six (6) inches from the ground level. Street areas not approved for
driveways shall be planted in grass and other suitable planting materials.
b.
Landscaped areas shall constitute at least thirty percent (30%) of
the site area.
c.
Pavement shall not be allowed in front or side yard street setbacks
except for driveways.
d.
All landscaping plant materials shall be kept alive and in excellent
condition.
e.
Landscaped areas shall not be used for the purpose of storing vehicles,
trailers or other equipment.
f.
All paved and landscaped areas shall at all times be kept in good
repair and in excellent condition, in accordance with this and other
ordinances of the City of Overland and the continuous maintenance
of said areas is to be the responsibility of the owners and/or lessees
of the property.
13.
Lighting. Exterior lighting proposed for use on
the site shall be planned, erected and maintained so the light is
confined to the property and will not cast direct light or glare upon
adjacent properties or public rights-of-way. The light source shall
not be higher than twenty (20) feet and shall not be visible from
adjacent properties or public rights-of-way.
14.
Parking. All motor vehicle oriented businesses shall provide for off-street parking in a manner which conforms with the regulations set forth in Article VII of the Zoning Code and all other applicable ordinances of the City of Overland, Missouri.
16.
Storage of merchandise. All merchandise and material
for sale and all vending machines shall be displayed within an enclosed
building except for the following:
a.
Oil for use in motor vehicles may be displayed or sold from an appropriate
rack or compartment at the gasoline station pump islands for the convenience
of the customer and station attendant.
17.
Storage of flammable materials. Flammable materials
used in the conduct of motor vehicle oriented businesses shall be
stored within the building setback lines and in below ground storage
tanks. Proper care shall be exercised in design of the proposed storage
containers to protect public safety.
18.
Other conditions. The Planning and Zoning Commission
may recommend, and the City Council may require, provisions for other
conditions which will tend to eliminate or reduce public nuisances
caused by noise, heat, odors, smoke, dust, vibration, glare, flooding
and traffic congestion and promote the purpose of the Zoning Code.
19.
Building and structures compatibility. All proposed
motor vehicle oriented businesses' buildings and structures shall
be designed and planned to take advantage of and be compatible with
natural features of the site and area and shall not be in conflict
with the character of existing structures in areas where a definite
pattern or style has been established.
20.
Vacant motor vehicle oriented businesses' buildings. When a motor vehicle oriented business' building becomes vacant
for a period exceeding one (1) year, the property owner shall be required
to remove or treat in a safe manner approved by the Director of Code
Enforcement all flammable materials, storage tanks or areas.
21.
Termination or lapse of conditional use permit. The
continuation of a motor vehicle oriented business' conditional use
permit shall be dependent upon the conditions established under the
permit and this Section and in the event of a change of conditions
or non-compliance with conditions, the City Council shall have the
right to terminate or revoke the conditional use permit.
When a motor vehicle oriented business' building becomes vacant
for a period of one (1) year, the conditional use permit shall lapse.
The use of the land thereafter shall conform to the uses permitted
in the zoning district in which the property is located. For the purposes
of this Chapter, the subject building will be considered vacated by
the MVOB when the principal use of the property as an MVOB is no longer
actively pursued. Simple ownership, replacement of the MVOB with a
non-MVOB use, or use of the property for some secondary use, such
as storage, shall not be considered a continuation of the MVOB status.
22.
Non-conforming motor vehicle oriented businesses. Existing motor vehicle oriented businesses which do not comply with
the regulations and conditions of this Chapter shall be considered
to be non-conforming and allowed to continue; however, all non-conforming
motor vehicle oriented businesses shall comply with the following
requirements within one (1) year after written notification by the
Director of Public Works of items which must be corrected:
a.
Whenever a motor vehicle oriented business is located adjacent to a residential district or residential use on the ground floor, appropriate screening, as provided for in Subsection (1) of this Section, shall be installed.
b.
All exterior lighting shall conform to the lighting requirements in Subsection (13) of this Section.
23.
Rental vehicles. When the rental of equipment, automobiles,
trucks and trailers is to be conducted on a motor vehicle oriented
business site, additional land area and paved area shall be provided
in addition to the driveway, parking area and landscape areas required
by this Section for a normal motor vehicle oriented business operation.
An additional one thousand (1,000) square feet of site area shall
be provided for each five (5) rental units. No parking of rental units
shall be permitted on landscaped areas or driveways.
24.
Underground utilities. All utility lines on the
site shall be installed underground.
25.
Procedures for application for a motor vehicle oriented business
conditional use permit.
26.
Conflicting provisions. The provisions set forth
in this Section provide for standards and procedures to be complied
with for all motor vehicle oriented businesses as permitted by this
Zoning Code and said provisions are to be followed and complied with
in lieu of conflicting conditional use permit and land use procedures
and standards provided elsewhere in the Zoning Code of the City of
Overland, Missouri.
