[R.O. 2004 § 405.670; Ord. No. 2.56 § 2(Art. 11 § 1), 1-9-2001]
A.
Delegation Of Power. The Board of Aldermen
shall decide whether conditional use permits shall be granted only
after having received a recommendation from the Planning and Zoning
Commission. In no event shall a conditional 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 conditional use permit, the Planning and Zoning Commission
or Board of Aldermen may stipulate such conditions and restrictions
upon the establishment, location, construction, maintenance and operation
of the conditional 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 conditional
use permit is granted, the Planning and Zoning Commission may recommend
or the Board of Aldermen 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.
Conditional Use Permits In Residential
Districts. In no event shall conditional use permits in residential
districts be transferable from an owner-applicant to a subsequent
owner of the subject real estate or structure.
[R.O. 2004 § 405.680; Ord. No. 2.56 § 2(Art. 11 § 2), 1-9-2001]
A.
Application. A written application for
a conditional use permit shall be filed with the Zoning Administrator
and shall include a statement indicating the Section of the Article
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 conditional
use permit shall be subject to a filing fee as established by the
Board of Aldermen.
C.
Site Plan. All applicants for a conditional
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 Board of Aldermen within thirty (30)
days after the close of the public hearing.
E.
Findings. In making a recommendation to
the Board of Aldermen, 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
a conditional use permit 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 The Board Of Aldermen. The Board
of Aldermen shall consider the Planning and Zoning Commission's recommendation
at the next regularly scheduled Board of Aldermen meeting for which
the agenda item can be docketed. The Board of Aldermen shall consider
the recommendation of the Planning and Zoning Commission and act in
accordance with the procedures for amending zoning district boundaries.
If the Board of Aldermen fails to act upon a recommendation within
one hundred twenty (120) days from the receipt thereof, the application
shall be deemed to have been denied.
[R.O. 2004 § 405.690; Ord. No. 2.56 § 2(Art. 11 § 3), 1-9-2001]
A.
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. 2004 § 405.700; Ord. No. 2.56 § 2(Art. 11 § 4), 1-9-2001]
In granting a conditional use, the City may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such conditional uses upon other property in the neighborhood and to carry out the general purpose and intent of these regulations. The use standards specified for the uses listed in Section 405.450 of Article VI shall also be requirements for the approval of a conditional use permit.
[R.O. 2004 § 405.705; Ord. No. 2.56 § 2(Art. 11 § 5), 1-9-2001]
A.
Sunset. A conditional 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 conditionally permitted
use ceases or is abandoned for a period of more than twelve (12) months,
the conditional use permit shall expire upon public hearing; except
that the conditional 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 conditional use permit
for a home occupation shall not be transferable to a new owner of
the real estate.
[Ord. No. 2.189, 8-22-2017]
A.
Grounds
For Revocation.
1.
A conditional use permit shall terminate whenever the use of the
property changes and the new use is substantially different from the
use for which the original permit was issued.
2.
A conditional use permit may be revoked when the owner, occupant,
lessee, agent or any person using the property fails to comply with
the conditions stipulated therein.
B.
Procedure
For Revocation.
1.
The Planning and Zoning Commission may recommend revocation of a conditional use permit if it finds at public hearing grounds set forth in Subsection (A) of this Section.
2.
Notice of the public hearing shall be given in writing by personal
service or by certified mail, return receipt requested, at least fifteen
(15) days prior to the hearing, or if service cannot be had by either
of these modes of service, then service may be had by publication
in a newspaper qualified to publish legal notices for two (2) successive
weeks, the owner, occupant, lessee, mortgagee or agent and all other
persons having an interest in said property as shown by the land records
of the Recorder of Deeds of Lawrence County, Missouri, with the second
such publication occurring at least seven (7) days prior to the hearing.
Any party may be represented by counsel at the public hearing. Lessees
or occupants assuming a possessory interest in the property within
fifteen (15) days of the public hearing are not entitled to notice
under this Section.
3.
If a majority of a quorum of the Planning and Zoning Commission recommends
revocation of a conditional use permit, the Board of Aldermen shall
consider that recommendation at the next regularly scheduled Board
of Aldermen meeting for which the agenda item can be docketed along
with all materials submitted at the public hearing. The Board of Aldermen
may adopt such recommendation by ordinance or override the Planning
and Zoning Commission's recommendation by a two-thirds vote of the
membership of the Board of Aldermen.
