City of St. Charles, MO Article IX Conditional Uses [1]

[1] Editor's Note: Former Article IX, Site Plans, containing Section 400.960 was repealed 2-6-2024 by Ord. No. 24-009. Prior history includes: R.O. 2011 § 400.960; R.O. 2009 § 156.232; CC 1981 § 30-205; Ord. No. 77-31; Ord. No. 98-209; Ord. No. 10-244. The same ordinance renamed this Article "Conditional Uses," setting out the regulations herein.

Section 400.960 Purpose.

[Ord. No. 24-009, 2-6-2024]

A. 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. These uses' locations shall not be in conflict with the comprehensive plan. 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. The City shall not approve a conditional use unless the City finds the evidence and application clearly demonstrates the following:

1. That the proposed conditional use (the use in general) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the City.

2. That the proposed conditional use (in its proposed location) is in harmony with the purposes, goals, objectives, policies and standards of the Comprehensive Plan and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the City.

3. That the proposed conditional use, in its proposed location and as depicted on the required site plan, does not result in a substantial or undue adverse impact on the adjacent property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way or other matters affecting the public health, safety or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions and policies of the Zoning Ordinance, Comprehensive Plan or any other plan, program or ordinance adopted or under consideration pursuant to official notice by the City.

4. That the proposed conditional use maintains the desired consistency of land uses, land use intensities and land use impacts as related to the environs of the subject property as directed by the Comprehensive Plan.

5. That the proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property.

6. That the potential public benefits of the proposed conditional use outweigh the potential adverse impacts of the proposed conditional use as identified above, after taking into consideration any proposal by the petitioner and any requirements recommended by the petitioner and/or City staff to ameliorate such impacts.

B. In approving the conditional use, the Planning and Zoning Commission may recommend and the City Council may impose conditions or safeguards as are deemed necessary to protect the surrounding properties, such as, but not limited to, the following: limitations of size, method or times of operation of the facility and extent of time which such use may occupy the property.

C. The conditional use applies to the subject property and not to the individual who applied, unless otherwise specified. Consequently, a conditional use is transferable to any future owner of subject property unless otherwise specified, but cannot be transferred by the applicant to a different site.

D. A conditional use shall continue for an indefinite period of time unless otherwise specified.

E. The City reserves full authority to deny any request for a conditional use. The City also reserves full authority 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.

Section 400.961 Applications And Procedures.

[Ord. No. 24-009, 2-6-2024]

A. Applications for a conditional use may be filed by a property owner, owner under-contract, tenant, tenant under-contract, or a representative of any of the aforementioned; provided, a filing by a tenant under-contract or owner under-contract or their representative shall be authorized by the property owner or property owner's representative. Such application shall show the location and intended use of the site and any other material pertinent to the application. When the request involves physical improvements to the property, an application for a certificate of appropriateness or site plan approval shall also be required.

1. The Department of Community Development shall review the application and determine whether the application contains sufficient data to adequately describe the situation to the Planning and Zoning Commission. If the data is not adequate, the Department of Community Development shall notify the applicant of the additional required information. Only applications that are completed shall be forwarded to the Planning and Zoning Commission.

2. Public Hearing And Notification. The Planning and Zoning Commission shall hold a public hearing on applications for conditional uses. Notice of public hearings before the Commission shall be given by publishing the date, time, place and nature of the hearing at least fifteen (15) days before the date of the hearing in a newspaper of general circulation in the City. The notice shall contain the time and place within the City where information relative to the application may be examined. In addition, the Department of Community Development shall erect a sign containing the notice on the property at least fifteen (15) days prior to the hearing and shall notify the applicant and the property owners of record within three hundred (300) feet of the boundaries of the subject property, in writing, of the hearing at least fifteen (15) days prior to the hearing. In the event an application is tabled by the Commission, it shall be the City's responsibility to provide written notification to all property owners within three hundred (300) feet of the subject property at least fifteen (15) days prior to the next regularly scheduled Commission meeting of their intent to have the item removed from the table. Should the developer wish an application to be tabled that has been advertised for public hearing, the developer shall be provide written notification to the Department of Community Development and be responsible for providing written notification to all property owner's within three hundred (300) feet of the subject property at least fifteen (15) days prior to the requested scheduled meeting to ensure the public can be made aware of the request.

3. All applications shall be promptly considered by the Planning and Zoning Commission who shall render a recommendation on an application within sixty (60) days from the date first considered. For purposes of this Section, the term "first considered" shall mean that the application request appears on the Planning and Zoning Commission agenda and is discussed by the Planning and Zoning Commission. The application shall be deemed recommended for approval if the Planning and Zoning Commission fails to render a recommendation within the sixty-day period, unless said time period is extended by mutual agreement, in writing, by the Planning and Zoning Commission and the applicant.

a. All applications shall be promptly considered by the Planning and Zoning Commission within sixty (60) days of a complete submittal as determined by staff.

b. No conditional use application to the Planning and Zoning Commission shall be allowed on the same piece of property concerning substantially the same request prior to the expiration of one (1) year from a ruling of the Commission. Notwithstanding the foregoing, upon the written consent of the Councilmember in whose ward the property is located, the one-year period may be reduced to sixty (60) days.

B. Validity Of Approval. Approval of a conditional use shall be valid for a period of one (1) year after the date of approval and thereafter shall become null and void unless construction or use is substantially underway during such one-year period or unless an extension of time, not exceeding one (1) year, is approved by the Planning and Zoning Commission for good reasons shown before the expiration of such one-year period.

C. Amendment Procedure. The procedure for amendment of a conditional use already approved, or a request for a change of conditions attached to an approval, shall be the same as for a new application. However, if the Department of Community Development determines the change to be minor, relative to the original approval, it shall transmit the same to the Planning and Zoning Commission, with the original record, without requiring that a new application be filed.

D. Revocation Of Permits.

1. A conditional use may be revoked by the Department of Community Development upon finding that the conditions of approval have been violated or endanger the public health and safety. Such revocation shall suspend all activity on the site associated with the conditional use. An appeal shall stay the revocation action until it is considered and a final decision rendered by the Board of Adjustment; however, all activity which may endanger public health and safety, as determined by the Director of Community Development, shall cease until the appeal is considered.

2. Any application appealing a revocation must be received no later than ten (10) business days from the date of revocation.

3. The revocation hearing shall be conducted and a decision rendered by the Board of Adjustment subject to the provisions of Article XIII of the Zoning Code.