[Ord. No. 7042, 8-24-2023]
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 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 effect 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.
Such conditional uses cannot be allowed to locate as a "right" on
any parcel of land within certain districts without consideration
of existing conditions at the proposed location and of properties
neighboring upon the specific site considered, nor without adequate
and sufficient safeguards, when necessary, to lessen the impact of
adverse factors.
C.
The City Council may authorize by ordinance, under prescribed conditions,
the construction or undertaking of any conditional use that is expressly
permitted as a conditional use in a particular zoning district; however,
the City reserves full authority to deny any request for a conditional
use, to impose conditions on the use or to revoke approval at any
time, upon a finding that the permitted conditional use will or has
become unsuitable and incompatible in its location as a result of
any nuisance or activity generated by the use.
[Ord. No. 7042, 8-24-2023]
B.
Subject to the right of appeal to the City Council or request for
review by the City Council, the Planning and Zoning Commission shall
review applications and act upon requests for conditional use permits
with regard to those land uses listed on Appendix A[1] as "C-A."
Any conditional use permit under consideration by the Planning
and Zoning Commission shall be in the form of a resolution. Said resolution
shall include all conditions, safeguards and restrictions upon the
conditional use deemed necessary by the Planning and Zoning Commission.
[1]
Editor's Note: See Title IV, Appendixes.
C.
For all other land uses on Appendix A[2] designated by the letter "C," upon receipt of a recommendation
from the Planning and Zoning Commission, the City Council shall have
the authority to grant a conditional use permit. The conditional use
permit under consideration by the City Council shall be in the form
of an ordinance. Said ordinance shall include all conditions, safeguards
and restrictions upon the conditional use deemed necessary by the
City Council.
[2]
Editor's Note: See Title IV, Appendixes.
[Ord. No. 7042, 8-24-2023]
A.
Any change in the scope, use or aspect of an operation approved for
a conditional use permit which results in a condition that differs
from the provisions contained in the approved conditional use permit
requires the approval of an amendment. All requests for amendments
shall be made in the same manner as an original application for a
conditional use permit.
B.
Requests for amendments which, in the professional judgment and sole administrative discretion of the Director of the Planning and Development Department or his/her designee, are insubstantial change(s) to the approved conditional use may be reviewed by staff for completeness and approved by the Director. In exercising his or her professional judgment and administrative discretion the Director shall consider whether the proposed change is consistent with the goals of the conditional use permit process in Section 400.300(A), above, and the permit approval criteria in Section 400.325, below, and take into account:
1.
The nature, intensity, location and orientation of the conditionally
permitted use, as existing and proposed, and the property on which
it is located;
2.
Compatibility with the use and zoning of adjacent and nearby
properties and reasonably likely future use of such properties;
3.
The impact of the conditionally permitted use and the proposed
change on on-site and off-site traffic, roadways, public safety and
public services;
4.
Existing and foreseeable environmental impacts of the conditionally
permitted use and proposed change due to noise, light and odor, runoff,
etc.; and
5.
Whether the existing conditionally permitted use has been operated
in conformity with current permit and all other applicable regulations
and ordinances. The following amendments may, at the discretion of
the Director, represent insubstantial changes from the provisions
of the originally approved conditional use permit:
a.
Change in hours or days of operation (other than the days or
hours when live entertainment is provided);
b.
Renovation, remodeling, reconfiguration or expansion of structures
or parking associated with the conditionally permitted use, provided
that the scale, intensity and orientation of the conditionally permitted
use are unchanged and subject to any applicable site plan approval;
c.
Expansion of an existing drive-through facility (e.g., adding
an ATM machine or additional drive-through service lane);
d.
Other similar changes deemed to be insubstantial by the Director
of Planning and Development or his/her designee.
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If processing or approval as an insubstantial change is denied, the applicant may submit the proposed amendment for consideration as an amendment that represents a substantial change in accord with Subsection (C), below.
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C.
All other amendments shall be processed in the same manner as an
original application for a conditional use permit. The following is
a list of amendments that represent a substantial change from the
provisions of the originally approved conditional use permit:
[Ord. No. 7042, 8-24-2023]
B.
All requests for transfers, together with the specified fee, must
be filed on an application available through the Planning and Development
Department. Additional documentation regarding ownership of the operation,
sale/lease arrangements, and any intended changes of the permitted
use may also be required as part of the application process.
C.
Taking into consideration: (a) the nature, size, intensity and scale
of the permitted activities; (b) location of the subject property;
(c) the character and proximity of other nearby land uses; and (d)
any other relevant circumstances, if the Director of Planning and
Development, in the exercise of his or her sole and sound administrative
discretion, determines that the proposed transfer represents only
a transfer of ownership without any modification of the intensity
or character of the permitted use and that there is reason to believe
the proposed transferee will adhere to the conditions applicable to
the use in question, the Director may authorize transfer of the conditional
use permit.
D.
If the proposed transfer involves: (a) any use referenced in or regulated by Section 400.330; (b) changes to intensity, scale, or character of the permitted use; (c) additional activities or uses not previously conducted on the subject property; or (d) combination with adjoining uses or property, or if the Director in his or her sole and sound administrative discretion determines that the interests of the public warrant greater scrutiny and consideration of the proposed transfer, the application for transfer shall be referred to the Planning and Zoning Commission for review and consideration in the same manner as an original application for a conditional use permit.
[Ord. No. 7042, 8-24-2023]
A.
Applications for any conditional use permit permissible under the provisions of this Chapter shall be submitted to the Planning and Development Department in accordance with Section 400.315 of this Article.
B.
The conditional use permit application shall be subject to the sign posting requirement established in Section 400.685(C) of this Zoning Code and the requirement for notification of adjacent property owners in Section 400.685(B) of this Zoning Code. The cost of such postings and notices shall be borne by the applicant and be subject to the collection procedures of Section 400.650 of this Zoning Code.
C.
The fees and costs for the conditional use permit application are
identified in the Schedule of Fees, Costs and Expenses within Appendix
B[1] of Title IV, Land Use. The initial application fee shall
be paid when the application is submitted to the Planning and Development
Department.
[1]
Editor's Note: See Title IV, Appendixes.
[Ord. No. 7042, 8-24-2023]
An application for a conditional use permit shall contain the
applicant's full name and address, a statement that the applicant
is the owner involved or is acting on the owner's behalf, the
address of the property involved, an accurate survey drawing and site
plan of said property showing the existing and proposed location of
all buildings and structures thereon, the type thereof, and their
uses together with supporting data and exhibits regarding the required
findings set forth in this Chapter.
[Ord. No. 7042, 8-24-2023]
A.
The review and determination procedures for an application for a
conditional use permit are as follows:
1.
Application submitted to the City's Planning and Development
Department of the City. Report prepared by the Planning and Development
Department.
2.
Meeting #1: Consideration by the Planning and Zoning Commission. For those land uses set forth in Section 400.305(B), the Planning and Zoning Commission shall act upon the application for conditional use permit. For all other land uses, the Planning and Zoning Commission shall make a recommendation to the City Council.
3.
Meeting #2: First reading of the ordinance by the City Council.
4.
Meeting #3: Second reading of the ordinance and vote by the
City Council.
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This procedure shall be subject to decisions of the Commission
or the Council to table or otherwise delay a particular application.
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[Ord. No. 7042, 8-24-2023]
A.
There shall be an opportunity for citizen comments on each application
for conditional use permit before both the Planning and Zoning Commission
and the City Council. Such opportunity for citizen comments shall
be granted in accordance with the rules and regulations of the Commission
and the Council. The decision to recommend approval or denial of the
proposed conditional use permit shall be based on the following criteria:
1.
The proposed conditional use complies with all applicable provisions
of these Regulations, including intensity of use regulations, yard
regulations and use limitations.
2.
The proposed conditional use at the specified location will
contribute to and promote the welfare or convenience of the public.
3.
The proposed conditional use will not cause substantial injury
to the value of other property in the neighborhood in which it is
to be located.
4.
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.
In determining whether the conditional use will dominate the immediate
neighborhood, consideration shall be given to:
5.
Off-street parking and loading areas will be provided in accordance
with the standards set forth in these Regulations.
6.
Adequate utility, drainage, and other such necessary facilities
have been or will be provided.
7.
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.
8.
In consideration of requests for any conditional use permits the Planning and Zoning Commission/City Council shall require such conditions of use as it deems necessary to protect the best interests of the City and the surrounding property and to achieve the objectives of this Chapter. These additional requirements shall include, but not be limited to, those special provisions applying to miscellaneous conditional uses, specified in Section 400.330.
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A violation of a requirement, condition, or safeguard shall
be considered a violation of this Chapter, and grounds for an Administrative
Official of the City to terminate and cancel such conditional use
permit.
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10.
No application which has been denied (either wholly or in part)
shall be resubmitted for a period of twelve (12) months from the date
of said order of denial, except on grounds of new evidence or proof
of change of factors found valid by the Director of Planning and Development.
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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 conditional use shall be denied.
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[Ord. No. 7042, 8-24-2023]
Once a conditional use permit, amendment to a conditional use
permit or transfer of a conditional use permit has been approved by
the Planning and Zoning Commission or City Council, the permittee
must submit a letter accepting all conditions, safeguards and restrictions
upon the conditional use. The permittee shall within thirty (30) days
of the adoption of the resolution or ordinance granting the conditional
use permit, amendment to a conditional use permit or transfer of conditional
use permit notify the Planning and Development Department in writing
that the conditional use permit is accepted and that the conditions,
safeguard and restrictions set forth therein are understood and will
be complied with. Failure to submit the required written acceptance
will result in the rescinding of the approval.
[Ord. No. 7042, 8-24-2023]
An aggrieved party may within fifteen (15) days of the decision
for which redress is sought file with the City Council a written request
for reconsideration and appeal of any decision of the Planning and
Zoning Commission or the City under this Article. The written request
must set forth in a concise manner the decision being appealed and
all grounds known to the appellant as to wherein and why the decision
is allegedly in error. The request for reconsideration and appeal
must be filed with the City Clerk within the time specified above.
A copy of the request and all supporting documents or materials filed
by the aggrieved party must served by the aggrieved party on the applicant
(if different than the aggrieved party) by personal service or by
certified U.S. mail, return receipt requested, within three (3) days
of filing with the City Clerk. Proof of service on the applicant must
be filed with the City Clerk within six (6) days of filing of the
request. The City Council may consider the appeal on the record of
the prior decision and the City's records or may, at its sole
discretion, receive additional evidence in such manner as it deems
appropriate in light of the circumstances.
[Ord. No. 7042, 8-24-2023]
A.
A conditional use permit shall not be issued to certain uses in this
Section due to their deleterious effects on public safety, health,
welfare, and the City's property values unless they comply with
the following site development requirements.
1.
Mining And Quarrying. The removal of soil, including top soil,
sand, gravel, stone and other earth materials shall be subject to
the following conditions:
a.
There shall be not more than one (1) entrance way from a public
road to said lot for each six hundred sixty (660) feet of front lot
line. Those City streets proposed as haul routes from the pit to a
State or Federal highway shall be approved by the Mayor and City Council.
A maintenance bond shall be posted by the party mining such minerals
to guarantee maintenance of the haul route, with the amount to be
approved by the Mayor and City Council and subject to review on a
two (2) year continuing basis if the mining operation is to continue
beyond a two (2) year period.
b.
Such removal shall not take place before sunrise or after sunset.
c.
On said lot no digging or excavating shall take place closer
than one hundred (100) feet to any lot line.
d.
On said lot all road, driveways, parking lots and loading and
unloading areas within one hundred (100) feet of any lot line shall
be paved, oiled, watered or chemically treated so as to limit on adjoining
lots and public roads the nuisance caused by windborne dust.
e.
Any odors, smoke, fumes, or dust generated on said lot by digging,
excavating or processing operation and borne or able to be borne by
the wind shall be confined within the lines of said lot as much as
is possible so as not to cause a nuisance or hazard on any adjoining
lot or public road.
f.
Such removal shall not be conducted as to cause the pollution
by any material of any surface or subsurface water course or body
outside of the lines of the lot on which such use shall be located.
g.
Such removal shall not be conducted as to cause or threaten
to cause the erosion by water of any land outside of said lot or of
any land on said lot so that earth materials are carried outside of
the lines of said lot, and that such removal shall not be conducted
as to alter the drainage pattern of surface or subsurface waters on
adjacent property, and that in the event that such removal shall cease
to be conducted it shall be the continuing responsibility of the owner
or operator thereof to assure that no erosion or alteration of drainage
patterns, as specified in this paragraph, shall take place after the
date of the cessation of operation.
h.
All fixed equipment and machinery shall be located at least
one hundred (100) feet from any lot line and five hundred (500) feet
from any residential Zoning District, but that in the event the zoning
classification of any land within five hundred (500) feet of such
equipment or machinery shall be changed to residential subsequent
to the operation of such equipment or machinery, the operation of
such equipment or machinery may continue henceforth but in no case
less than one hundred (100) feet from any lot line.
i.
There shall be erected a fence of not less than six (6) feet
in height around the periphery of the area being excavated. Fences
shall be adequate to prevent trespass, and shall be placed on level
terrain no closer than fifty (50) feet to the top edge of any slope.
j.
All areas within any single development shall be rehabilitated
progressively as they are worked out or abandoned to a condition of
being entirely lacking in hazards, inconspicuous, and blended with
the general surrounding ground form so as to appear reasonably natural.
k.
Restoration Of Development Area.
(1)
The operator or operators shall file with the City
a detailed plan for the restoration of the development area which
shall include the anticipated future use of the restored land, proposed
final topography indicated by the contour lines of not greater interval
than five (5) feet, steps which shall be taken to conserve topsoil;
the type and number per acre of trees or shrubs to be planted; and
the location of future roads, drives, drainage courses, and/or other
improvements to be made by a definite date.
(2)
The restoration plans shall be filed with and approved
by the City before quarrying or removal operations begin. The plans
shall be certified by a soil or geology engineer. In restoration,
no filling operations shall be permitted which will likely result
in contamination of groundwater or surface water, or soils, through
seepage of gases into surface or sub-surface water or into the atmosphere.
The proposed plan shall be submitted to and approved by the Department
of Natural Resources.
(3)
The operator or operators shall file with the City
Council a bond or other surety payable to the City and conditioned
on the faithful performance of all requirements contained in the approved
restoration plan. The rate per acre of property to be used of the
required bond shall be fixed by the City Engineer. The bond shall
be released upon written certification of the City Engineer that the
restoration is complete and in compliance with the restoration plan.
2.
Theaters, Motion Pictures (Outdoors). In addition to and as
an integral part of development, the following provisions shall apply:
a.
Drive-in theaters shall be enclosed for their full periphery
with a solid screen fence at least seven (7) feet in height. Fences
shall be of sound construction, painted or otherwise finished neatly
and inconspicuously.
b.
All fenced-in areas shall be set back at least fifty (50) feet
from any front street right-of-way with the area between the fence
and the street or property line to be landscaped with trees and shrubs.
c.
All traffic ingress and egress shall be on major streets and
all local traffic movement shall be accommodated within the site so
that entering and exiting vehicles will make normal and uncomplicated
movements into or out of the public thoroughfares. All points of entrance
or exit for motor vehicles shall be located no closer than two hundred
(200) feet from the intersection of any two (2) streets or highways.
d.
The movie screen shall not be visible from the front street
or any major thoroughfare.
3.
(Reserved)
4.
Wireless telecommunications facilities. See Article XVIII, Regulations for Wireless Telecommunication Facilities.
5.
"Tattoo and/or body piercing establishments" defined as a retail
business providing the service of placing tattoos on a person's
skin known as indelible marking of the skin produced by introducing
minute amounts of pigments into the skin and/or providing the service
of providing any perforation, penetration or puncturing of human tissue,
other than the ear, for a non-medical purpose, by the use of needles,
studs, posts, or any other instruments, thereby creating an opening
into or through the tissue in which either studs, post, ornaments,
jewelry or similar items are or can be inserted, or on which markings
are left. In addition to and as an integral part of the development,
the following provisions shall apply:
a.
No other tattoo and/or body piercing establishment shall be
located within: (i) one thousand five hundred (1,500) feet of any
other such establishment; or (ii) three hundred (300) feet of any
structure primarily used as a State-licensed daycare facility or elementary
school. All measurements related to the proximity limitations in this
Subsection shall be determined by a straight line from the nearest
point of the building or portion of a building in which the tattoo
or body piercing establishment is located to the nearest point of
the building or portion of a building in which the ether relevant
land use is located.
b.
Exterior building appearance and signage shall be designed to
ensure that the use does not detract from the ability of business
in the vicinity to attract customers, nor affect the marketability
of properties in the vicinity for sale at their assessed values.
c.
The owner/operator must submit to a police background check
prior to the issuance of a business license.
d.
Shall meet the health license standards, and other applicable
regulations, as set from time to time by the City, County, and State.
e.
These provisions shall not apply to veterinarians and other
persons or businesses placing tattoos on animals. Further, these provisions
shall also not apply to State-licensed physicians and registered professional
nurses performing cosmetic and reconstructive surgery.
f.
No tattoo and/or body piercing establishment shall sell, give
away or allow the consumption of alcoholic beverages within the establishment.
No tattoo and/or body piercing establishment shall be eligible for
a license to sell alcoholic beverages.
g.
It shall be unlawful for any person to consume, ingest, smoke
or otherwise use alcoholic beverages or marijuana-related products
on the premises of a tattoo and/or body piercing establishment.
6.
Sexually Oriented Business. In addition to and as an integral
part of development, the following provisions shall apply:
a.
Sexually oriented businesses shall be limited in number to one
(1) such business per one thousand (1,000) feet radius within the
City.
b.
A sexually oriented business shall not be located closer than
one thousand (1,000) feet radius from any educational or religious
institution.
c.
A sexually oriented business shall not be located closer than
one thousand (1,000) feet radius from any residential use.
d.
A sexually oriented business shall not be located closer than
one thousand (1,000) feet radius from any business selling liquor.
e.
The owner/operator of a sexually oriented business must submit
to a police background check.
f.
The Planning and Zoning Commission and/or the City Council may
place reasonable restrictions on hours of operation.
g.
Any employee must be age twenty-one (21) years or older. The
owner/operator shall demonstrate to the City all employees are age
twenty-one (21) years or older.
h.
Compliance with all State Statutes and City ordinances governing
pornography, obscenity, and matters of that nature.
7.
Extended Stay Facilities. In addition to and as an integral
part of development, the following provisions shall apply:
a.
Any extended stay facility may not be developed within seven
hundred fifty (750) feet of any lot upon which another extended stay
facility is located and may not be developed within one thousand (1,000)
feet of any property which is zoned as residential property.
b.
Extended stay facilities shall be developed, constructed and
maintained in accordance with the fire, building, electric, plumbing
and other technical codes which are applicable to apartment complexes
and other types of multiple-family housing.
c.
Extended stay facilities shall be designed with a common entrance
and lobby with a front desk which is operated on a twenty-four (24)
hour basis.
d.
Each room shall be a minimum of three hundred twenty-five (325)
square feet and shall have a bedroom that is separated by a wall and
door from the kitchen or cooking facilities and other facilities within
the unit.
e.
There shall be no more than two (2) beds (any size) located
within a bedroom. There shall be no other sleeping facilities (such
as convertible sofas or temporary cots) other than the beds which
are located in the bedroom(s).
f.
Extended stay facilities shall comply with the following parking
requirements:
(1)
One and one-half (1 1/2) parking spaces for
one (1) bed within a particular room or unit and one (1) additional
parking space for each additional bed within a particular room or
unit.
g.
Each extended stay facility shall provide an on-duty manager
twenty-four (24) hours per day, seven (7) days per week who shall
be available on-site.
h.
In order to promote security and safety of the residents, each
extended stay facility shall either provide gated entrances to be
wholly operated by electronic means or an on-duty licensed security
guard on-site twenty-four (24) hours per day, seven (7) days per week.
i.
There shall be no areas for parking or storage of large tractor
trailer vehicles or other large commercial vehicles. There shall be
no outside parking or storage of large commercial vehicles or equipment.
j.
Each extended stay facility shall keep a registration list which
notes the date of arrival of and proper identification of each occupant
of each room or unit within the development. "Proper identification"
shall include the full name, permanent address and date of birth or
Social Security number of each person. Such list shall be provided
to the City's Police Department upon request.
k.
The maximum occupancy limit for any room or unit shall be based
on the following standard: one (1) person per twin or single bed and
two (2) persons per full, queen or king size bed. No room or unit
may be occupied so as to exceed the maximum occupancy limit.
l.
Extended stay facilities shall provide housekeeping services
to every room or unit a minimum of three (3) times per seven (7) day
period.
8.
Check cashing and small loan establishments. In addition to
and as an integral part of development, the following provisions shall
apply:
a.
Check cashing or small loan establishments shall not be allowed
within a one thousand (1,000) foot radius of another check cashing
or small loan establishment or pawnbroker.
b.
A check cashing or small loan establishment shall not be located
closer than one thousand (1,000) feet from any residential use.
c.
The Planning and Zoning Commission and/or the City Council may
place reasonable restriction on hours of operation, but in no instance
shall a check cashing or small loan establishment be open between
the hours of 7:00 P.M. and 7:00 A.M.
d.
The Planning and Zoning Commission and/or the City Council shall
place appropriate conditions on any conditional use permit for a check
cashing or small loan establishment which shall, at a minimum:
(1)
Require the holder of the conditional use permit
to be and remain fully licensed, in good standing, with the State
of Missouri for the purpose of providing loans;
(2)
Prohibit painting and printing on windows and doors
and in all other respects, require that all signage comply with City
ordinances and be approved by the City;
(3)
Prohibit the transfer or assignment of the conditional
use permit; and
9.
Pawnbrokers. In addition to and as an integral part of development,
the following provisions shall apply:
a.
Pawnbrokers shall provide proof that they comply with all provisions of the regulations described in Chapter 607 of the Municipal Code.
b.
A pawnbroker shall not be allowed within a one thousand (1,000)
foot radius of another pawnbroker or check cashing or small loan establishment.
c.
A pawnbroker shall not be located closer than one thousand (1,000)
feet from any residential use.
d.
The Planning and Zoning Commission and/or the City Council may
place reasonable restrictions on hours of operation, but in no instance
shall a pawnbroker be open between the hours of 7:00 P.M. and 7:00
A.M.
e.
The Planning and Zoning Commission and/or the City Council shall
place appropriate conditions on any conditional use permit for a pawnbroker
which shall, at a minimum:
(1)
Require the holder of the conditional use permit
to be and remain fully licensed, in good standing, with the State
of Missouri for the purpose of providing loans;
(2)
Prohibit painting and printing on windows and doors
and in all other respects, require that all signage comply with City
ordinances and be approved by the City;
(3)
Prohibit outdoor storage and display of any type
of merchandise;
(4)
Prohibit the use and/or installation of security
window bars;
(5)
Prohibit the transfer or assignment of the conditional
use permit; and
10.
Food Truck Park. In addition to and as an integral part of development,
the following provisions shall apply:
a.
Electric hookups shall be provided for each mobile food establishment
the food truck park is designed to accommodate. The site shall also
have a minimum of one (1) source of water and one (1) dump station
with appropriate grease interceptor for mobile food establishments
to use as needed.
b.
A permanent bathroom structure shall be provided on the site.
c.
A permanent, open, landscaped dining area shall be provided
as reviewed on the site plan.
d.
Trash and recycling receptacles shall be provided throughout
the site.
e.
Written approval from the applicable Fire Protection District
shall be provided.
f.
The applicant shall provide information on the person or entity
managing the food truck park. This person shall be responsible for
the scheduling the mobile food establishments, and maintenance of
the food truck park.
g.
Any mobile food establishment that uses a food truck park shall
be properly licensed through St. Charles County.
[Ord. No. 7042, 8-24-2023]
A.
Any legally existing land use located at a site within the City for
which prior to the adoption of an ordinance changing the status of
that use, either:
1.
The land use as described in the O'Fallon Zoning Code did
not require a conditional use permit; or
2.
The site existed as a non-conforming use prior to the adoption
of the ordinance,
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shall be exempt from requiring a conditional use permit if said
land use shall now require a conditional use permit in the zoning
district in which it is located per the new ordinance. The exemption
for these legally existing land uses shall only apply for the site
or portions of property upon which they are actually located prior
to the adoption of the new ordinance.
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This exemption shall not apply if the land use is proposed to
be enlarged, altered, changed or extended.
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[1]
Editor's Note: See Title IV, Appendixes.
[Ord. No. 7042, 8-24-2023]
A.
Suspension or revocation of any conditional use permit shall be in
addition to any other penalty or penalties prescribed in this Chapter
or available to the City by law. Any conditional use permit approved
under this Article may be suspended or revoked for good cause, including,
but not limited to, any of the following reasons:
1.
Any failure to comply or any violation of any provision of this
Chapter or the regulations promulgated under the authority of this
Chapter by the permittee;
2.
Violation of the terms, conditions, safeguards or restrictions
upon the conditional use permit;
3.
Violation of any ordinance of the City regulating the permittee;
4.
Violation of any other Federal, State or local law or regulation
pertaining to the permittee or the activities associated with the
particular business, establishment or land use;
5.
Failure of the permittee to pay any tax, fee, fine or other
governmental charge required by law;
6.
Any misrepresentation or false statement in the application
for such permit;
7.
Causing, maintaining or assisting in the cause or maintenance
of a nuisance, whether public or private; or
8.
Failure to obtain other necessary governmental permits associated
with such land use, business or activities.
B.
In any case in which there is reason to believe a conditional use
permit approved pursuant to this Article may be subject to suspension
or revocation, the following procedure shall govern:
1.
The City Council shall decide whether to refer the matter first
to the Planning and Zoning Commission for its recommendation. If the
matter is referred to the Commission, the Commission shall follow
the same procedure for hearing as set forth herein.
2.
The City Council or its designee shall set a hearing to consider
the matter. At least ten (10) days prior to such hearing, written
notice shall be mailed to the permittee at the last-known address
as shown in the records of the City Clerk advising the permittee of
the time and place of the hearing and of the reason for considering
the suspension or revocation of the conditional use permit.
3.
During the pendency of this hearing the permittee shall be permitted
to continue the operation of the business or land use; provided, however,
that the pendency of such hearing shall not preclude prosecution for
violation of the ordinances of the City occurring during such period.
4.
A hearing officer may be appointed to preside at the hearing.
At the hearing, the hearing officer shall hear all relevant evidence
justifying the suspension or revocation of the conditional use permit
and all relevant evidence justifying the retention of the permit.
5.
The permittee shall be notified of the results of the hearing
in writing.
6.
In the event that a permittee whose conditional use permit has
been revoked pursuant to this Section, or a related entity of a permittee
whose conditional use permit has been revoked pursuant to this Section,
shall thereafter apply for a substantially similar permit, the Planning
and Zoning Commission and the City Council may take into account the
act(s) and circumstances which lead to the revocation in considering
the new application.
7.
Any person aggrieved by the determination of the hearing aforesaid
may appeal such determination in accordance with this Article. The
filing of an appeal shall not stay the outcome of the administrative
determination unless the City Council shall suspend the effect of
the determination upon request of the aggrieved party.
8.
Any person aggrieved by the decision on appeal of the City Council
may seek judicial review by filing a petition for same with the Circuit
Court of St. Charles County within fifteen (15) days of the date of
the Council's decision.
