[R.O. 2013 § 405.190; Ord. No.
11-34 § 1, 7-25-2011; Ord. No. 20-03, 1-13-2020]
A.
Subject to the provisions of this Section, the Board of Aldermen
of the City of Fredericktown, after public hearing before the Board
of Aldermen, and after study and report by the City Planning and Zoning
Commission, may authorize the special uses enumerated in this Section
in any district as herein qualified from which the uses are otherwise
prohibited based on whether such building or use will:
B.
If the Board's findings should be negative to the above, then the
application may be granted; if affirmative as to any subject, then
such permit shall be denied. In the granting of a special use permit,
the Board of Aldermen may impose, and the Planning and Zoning Commission
may recommend, appropriate conditions and safeguards as may be deemed
necessary to ensure compliance with the requirements of the Zoning
Ordinance and to protect adjacent property and conserve property values.
C.
Applications for special use permits shall be made and processed in the same manner as provided for zoning amendments in Section 405.250.
D.
The following special uses are authorized, providing they comply
with all the regulations set forth in this Chapter for the district
in which such use is located:
1.
All uses for which special use permits are required by other
Sections of this Chapter.
2.
Any public building erected and used by any department of the
City of Fredericktown, Madison County, State of Missouri, or U.S.
Government in any district.
3.
Single mobile homes in "A" Agricultural Districts.
4.
Churches and similar places of worship, fraternal organizations
and other private clubs in "R-1," "R-2," and "R-3" districts.
5.
Customary home occupations in "R-1," "R-2" and "R-3" districts, as listed in the definition of "home occupation" in Section 405.010(B).
6.
Child- or day-care centers in "R-1," "R-2," "R-3," and "C-4"
districts, subject to the following provisions:
a.
The center shall be located in a single-family dwelling which
is the permanent residence of the operator and shall be operated in
a manner that will not change the character of the residence.
b.
The dwelling shall contain not less than one thousand (1,000)
square feet of gross floor area where three (3) children, not members
of the family, are provided for; and the dwelling shall be increased
by one hundred (100) square feet of gross floor area for each additional
child provided for within the dwelling. The floor area of an attached
garage shall not be included in determining gross floor area of the
dwelling.
c.
The dwelling shall meet all City, County or State Health Department
requirements as to safety, design, facilities and equipment and other
features.
d.
The dwelling shall be located on a lot having not less than
ten thousand (10,000) square feet of area, and all portions of said
lot used for outdoor play space shall be fenced with an opaque ornamental
fence not less than forty-two (42) inches in height.
e.
The center shall be operated in a manner that will not adversely
affect other properties and uses in the area.
f.
Any child-care facility advertising or holding itself out as
providing care for more than four (4) children during the daytime
for compensation shall provide proof of licensure as a child-care
facility by the State of Missouri, unless exempt under State law.
7.
Hospital or medical clinic in "R-2" and "R-3" and "C-1" districts.
8.
Single-family residences for mobile home park owners and operators
only in "MH" districts.
9.
Mortuary or funeral home in "C-1" districts.
10.
Greenhouse associated with a florist shop in "C-1" districts.
11.
Retail or wholesale merchandising in "I-2" districts.
12.
Wholesale merchandising in "I-3" districts.
13.
Public service facilities in "I-2" and "I-3" districts.
14.
Certain uses in "I-2" districts as set forth in the regulations for the "I-2" Heavy Industrial District, Section 405.140.
15.
Replacement of a mobile home that is occupied by the owner and
that constitutes a non-conforming use with a newer or improved model
mobile home.
16.
Extension, enlargement, or alteration of a non-conforming industrial
use by not more than fifty percent (50%) of the cubical contents of
the building as of January 23, 1984.
17.
Radio or television station or broadcasting tower in any "C"
or "I" district.
18.
Cemetery, crematorium, or mausoleum in any "R" or "C" district.
19.
Roadside stands and recreational or amusement activities, such
as circus or carnival, of a temporary and seasonal nature in "R" and
"C" districts.
20.
The extraction of sand, gravel, and other raw materials requiring
the removal of an overburden above the deposit in any "C" or "I" district;
provided, however, any bulk storage of extracted material or overburden
and any processing or extraction machinery or the open face of any
cut shall be at least five hundred (500) feet from any residential
structure, street, or place.
21.
Parking lots on land in "R" districts within three hundred (300) feet from the boundary of any "C" or "I" district, provided the standards set forth in Section 405.180(E) are met.
22.
Single mobile homes in any district for emergency and temporary
use only.
23.
Specially equipped mobile teaching units, when such units are
located on property owned by a public school district. Such special
use permits shall have a term of one (1) year, with such permits being
renewable upon written request made by the public school administration
and being submitted directly to the Planning and Zoning Commission.
Renewal applications shall contain information justifying the need
for such special use permit. Upon approval by the Planning and Zoning
Commission, the Zoning Administrator shall be authorized to issue
the permit, provided that the mobile unit shall be provided with tie-downs
or anchors of a nature required by the Planning and Zoning Commission.
24.
Tattooing and tattoo shops in "C-1" and "C-2" districts in accordance with Chapter 640 of this Code.
25.
All other provisions in this Chapter to the contrary notwithstanding,
the Board of Aldermen, by a special use permit and without the necessity
of a public hearing and without the necessity of a report by the Planning
and Zoning Commission, may authorize the placing of mobile homes in
the City when a natural disaster has occurred resulting in the destruction
of large numbers of homes and buildings or when public services have
been disrupted or discontinued by natural or man-made calamity or
when such public services are not otherwise available. Such special
use permits for mobile homes and mobile units may be granted by the
Board of Aldermen; and such special use permits, as referred to in
this Section, shall be issued only after the Board of Aldermen has
been presented sufficient information by the applicants to justify
the need for the special use permits contemplated by this Section.
These special use permits shall be subject to such reasonable conditions
and protective restrictions and limitations on duration as are determined
to be in the best interests of the public health, safety and welfare;
and these special use permits for these limited purposes may be issued
without the necessity of a public hearing and without the necessity
of a report by the Planning and Zoning Commission.
[R.O. 2013 § 405.195; Ord. No.
12-46 § 1, 11-13-2012]
A.
The Planning and Zoning Commission shall meet in March of each year
and shall review all currently existing special use permits. The Planning
and Zoning Commission shall determine if:
B.
Thereafter, no later than April 30 of each year, the Planning and
Zoning Commission shall report to the Board of Aldermen concerning
its findings on each special use permit so reviewed.
