[Ord. No. 3674 §§1—3, 8-17-2005]
The purpose and intent of this Article is to impose more control
over certain uses, although they may be considered to be desirable,
may, because of the nature of their operations, generate excessive
traffic, noise or other pollutants, overtax public utilities, pose
a potential for accidents or danger to public health or safety or
have a potentially detrimental effect on the value or potential development
of adjacent properties. These Special Land Use Permits are not allowed
by "right" without consideration of existing conditions at the proposed
site and neighboring properties and the establishment of special development
safeguards or conditions for the proposed Special Land Use Permit.
[Ord. No. 3674 §§1—3, 8-17-2005]
Subject to review and recommendation by the City Plan Commission,
the City Council shall have the authority to grant by ordinance Special
Land Use Permits, subject to such conditions relative to site design,
operations, safeguards, time limitations for development, and other
standards as established in this Article, in addition to the underlying
zoning district regulations.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4674-19, 4-17-2019]
Applications for a Special Land Use Permit shall be obtained
from the City and completed by the applicant prior to processing and
review by the City. A filing fee, as set forth in the fee schedule
kept in the offices of the City Planner, shall be paid to the City
Clerk at the time the application is submitted.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
The procedure for requesting and obtaining a Special Land Use Permit follows the same procedure as that outlined in Article V "Administrative and Legislative Procedures" of this Chapter. These steps include the following sequence of actions:
1.
Filing a Special Land Use Permit application form along with the
required site plan, exhibits and other information with the City Plan
Commission.
2.
Submission of report by the City Plan Commission to the City Council
recommending approval or denial of the Special Land Use Permit.
3.
Publication by the City of Hazelwood of a notice of public hearing
before the City Council.
4.
Public hearing by the City Council.
5.
The City Council, subject to the recommendation by the City Plan
Commission, may grant or deny the Special Land Use Permit. If approval
is granted, special conditions and protective restrictions as are
deemed necessary may be imposed by the City Council as part of the
authorization of the Special Land Use Permit.
[Ord. No. 3674 §§1—3, 8-17-2005]
All Special Land Use Permits shall be subject to the requirements of Article XIV "Site Plan Requirements and Review Procedure" of this Chapter.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Any
development or use authorized by a Special Land Use Permit shall abide
by the lot area, lot dimensions, yard requirements, off-street parking
and loading requirements and other development standards and requirements
of the particular zoning district in which the Special Land Use Permit
is located. However, these requirements may be made more restrictive
in the conditions of the ordinance governing the development or use
authorized by the Special Land Use Permit.
B.
Landscaping and buffering requirements shall be provided per Article XIII "Landscaping and Screening Requirements" of this Chapter. However, these requirements may be made more restrictive in the conditions of the ordinance governing the development or use authorized by the Special Land Use Permit. Supplemental development requirements as appropriate and applicable shall also be administered per Article IX "Supplementary District Regulations" of this Chapter.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 3698-05 §3, 11-16-2005]
A.
In
considering any Special Land Use Permit application and the subsequent
issuance of such permit, the City Plan Commission and the City Council
will give consideration to the criteria stated below, to the extent
they are pertinent to the particular application. The City Plan Commission
and City Council also may consider other factors that may be relevant
to a particular application.
1.
Consistency with the goals, objectives and policies of the City's
Comprehensive Plan.
2.
Consistency with the intent and purpose of the zoning district in
which the Special Land Use Permit is being requested.
3.
Satisfaction of the conditions and requirements applicable to the
requested Special Land Use Permit.
4.
Will satisfy a public necessity for the Special Land Use Permit.
5.
The existing uses and zoning of nearby property.
6.
The length of time the lot(s) has remained vacant as currently zoned
considered in the context of land development adjacent to and in the
vicinity of the subject property.
7.
The extent to which the proposed use will create excessive stormwater
runoff, air pollution, water pollution, noise pollution and other
environmental harm.
8.
The extent to which public facilities and services are available
and adequate to meet the demand for facilities and services generated
by the proposed special use.
9.
The preservation of significant natural and environmental features
and historical and architectural resources.
10.
Will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
11.
Will not adversely impact and be detrimental to the use and enjoyment
of properties in the immediate vicinity.
12.
Will allow uses having adequate utilities, access, parking and services.
13.
Will not adversely impact traffic, public utilities and facilities,
property values and natural, environmental or historical features.
14.
Will in all respects conform to the applicable regulations and laws
15.
The recommendations of the City staff of the City of Hazelwood.
16.
No adult bookstore, adult entertainment facility or establishment,
bathhouse, massage parlor or modeling studio shall be permitted within
one thousand two hundred (1,200) feet of any religious institution,
school, public park or any property zoned for residential use, or
any City boundary. Such distance shall be measured in a straight line
without regard to intervening properties from the closest exterior
structural wall of the adult entertainment establishment to the closest
point on any property line of the religious institution, school, public
park or the property zoned for residential use, or to the closest
point of the City boundary.
17.
No adult entertainment establishment shall be allowed to locate or
expand within one thousand (1,000) feet of any other adult entertainment
establishment or of any business licensed to sell or serve alcoholic
beverages whether or not such business is also an adult entertainment
establishment as defined in this Section. The distance between any
two (2) adult entertainment establishments or between an adult entertainment
establishment and a business selling or serving alcoholic beverages
shall be measured in a straight line from the closest exterior structural
wall of each business without regard to intervening structures.
18.
All access to and from the adult entertainment establishment shall
be provided from a street classified as a public right-of-way.
19.
The property on which an adult entertainment establishment is located
shall have a minimum of one hundred (100) feet of frontage on a public
right-of-way.
20.
An adult entertainment establishment and the parking for such facility
shall have a front yard setback of thirty (30) feet, a side yard setback
of six (6) feet and a rear yard setback of ten (10) feet.
21.
Off-street parking for an adult entertainment establishment shall
be provided pursuant to Appendix B: Dance Hall, Night Club, Similar
Uses.
22.
All landscaping and screening requirements for an adult entertainment
establishment otherwise required by the Hazelwood City Code shall
be observed.
23.
An adult entertainment establishment shall be designed in such a
fashion that all openings, entries and windows prevent view into such
facilities form any pedestrian, sidewalk, walkway, street or other
public area. No adult entertainment activity shall take place partially
or totally outside the adult entertainment establishment.
24.
An adult entertainment establishment shall be limited to one (1)
wall-mounted sign no greater than one (1) square foot of sign per
one (1) foot of wall length, not to exceed a total of fifty (50) square
feet. Said sign shall not flash, blink or move by mechanical means
and shall not extend above the roof line of the building. Said sign
shall not exceed eight (8) feet in height from ground level. Further,
no merchandise, symbol, or pictures of products or entertainment on
the premises shall be displayed in window areas or on any sign or
on any area where such merchandise or pictures can be viewed from
the exterior of the building. No flashing lights and/or lighting which
leave the impression of motion or movement shall be permitted. No
temporary signs shall be permitted.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
In
establishing a Special Land Use Permit, conditions determined as necessary
and appropriate to prevent or minimize adverse impacts on other properties
may be developed and imposed for the Special Land Use Permit. These
conditions may include, but shall not be necessarily limited to:
1.
Limitations on use and square footage of buildings.
2.
Requirements for specific construction materials.
3.
More restrictive height limitations than the underlying zoning district
requirements.
4.
More restrictive minimum lot area, dimension and yard requirements
than the underlying zoning district requirements.
5.
Additional landscaping, buffering and screening requirements.
6.
More restrictive parking and loading requirements.
7.
Limitations on hours of operations.
8.
Limitations on site lighting.
9.
More restrictive sign regulations.
10.
Noise mitigation measures.
11.
Time limit on length of utilization of the Special Land Use Permit.
12.
Other requirements as deemed necessary by the City Plan Commission
and/or City Council.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Any
change in the scope, use or aspect of an operation approved for a
Special Land Use Permit which results in a condition that differs
from the provisions contained in the approved Special Land Use Permit
requires the approval of an amendment. All requests for amendments
must be filed on an application form available through the Department
of Public Works. As part of the application submission, additional
documentation or pertinent information related to the amendment may
be required. A location expansion of the Special Land Use Permit shall
be adjacent or contiguous to the present location.
B.
Amendments that in the view of the City Planner or his/her designee represent a substantial change from the provisions of the originally approved Special Land Use Permit shall be referred to the City Plan Commission for review and recommendations prior to approval by the City Council per the regulations outlined in Article V, "Administrative and Legislative Procedures" of this Chapter and shall be subject to an additional filing fee as set forth in the fee schedule kept in the offices of the City Planner. The following is a list of amendments that represent a substantial change from the provisions of the originally approved Special Land Use Permit.
[Ord. No. 4674-19, 4-17-2019]
C.
Requests
for amendments that are deemed by the Director of Public Works or
his/her designee to represent minor change(s) from the provisions
of the originally approved Special Land Use Permit shall be reviewed
by staff for completeness and subject to staff approval. No additional
filing fee is required for those amendments representing minor change(s).
The following is a list of amendments that may, at the discretion
of the Director of Public Works or his/her designee, represent minor
changes from the provisions of the originally approved Special Land
Use Permit:
1.
Change in hours of operation;
2.
Change in days of operation;
3.
Increase or decrease in outdoor dining capacity;
4.
Change in business or trade name, when ownership and nature of business
or trade remains the same;
5.
Other changes deemed to be similar by the Director of Public Works
or his/her designee.
D.
If
the Director of Public Works or his/her designee deems the request
for amendments represents a minor change(s) from the provisions originally
approved, the Director of Public Works or his/her designee shall notify
the City Council person for which ward such Special Land Use Permit
amendment is requested. The Council person in which ward the request
is made shall be given fifteen (15) days to respond to the request
for the amendment. If the Council person does not respond in fifteen
(15) days, the request will be processed administratively.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
The
mere issuance of a Special Land Use Permit gives no vested rights
to the permit holder.
B.
A right
to continue a specially permitted use shall vest only if the project
is constructed and the use is actually begun.
C.
The
right to continue the special use that was permitted prior to the
effective date of this Chapter shall last only as long as specified
by the Special Land Use Permit.
D.
As
of the effective date of this Chapter, existing Special Land Use Permits
shall be subject to the provisions for transferability as expressed
in this Chapter.
E.
Uses that are allowed without a Special Land Use Permit prior to the effective date of this Chapter, but designated as special uses in this Chapter, shall be allowed to continue as non-conforming uses if the requirements of Article XI "Non-Conforming Lots, Buildings, Structures and Uses" of this Chapter are satisfied.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Any
change in the ownership or operating entity named as the permittee
of the approved Special Land Use Permit will require a Special Land
Use Permit Transfer.
B.
All
requests for transfers must be filed on an application form available
through the City Planner. Additional documentation regarding ownership
of the operation and sale/lease arrangements may also be required
as part of the application process. A fee, as set forth in the fee
schedule kept in the offices of the City Planner, shall be paid to
the City Clerk at the time of the request for transfer.
[Ord. No. 4674-19, 4-17-2019]
C.
Transfers that in the view of the Director of Public Works or his/her designee represent a substantial change from the provisions of the originally approved Special Land Use Permit shall be subject to review and approval by the City Council as per the regulations outlined in Section 405.455 of this Article. The following is a list of transfers that represent a substantial change from the provisions of the originally approved Special Land Use Permit:
D.
Requests
for transfers that are deemed by the Director of Public Works or his/her
designee to represent minor change(s) from the provisions of the originally
approved Special Land Use Permit shall be subject to staff approval.
The following is a list of amendments that may, at the discretion
of the Director of Public Works or his/her designee, represent minor
changes from the provisions of the originally approved Special Land
Use Permit:
E.
If
the Director of Public Works or his/her designee deems the request
for transfer represents a minor change(s) from provisions originally
approved, the Director of Public Works or his/her designee shall notify
the City Council person for the ward such Special Land Use Permit
transfer was granted. The Council person in which ward the request
is made shall be given fifteen (15) days to respond to the request
for the transfer. If the Council person does not respond in fifteen
(15) days, the request will be processed administratively.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 3740-06 §1, 4-19-2006; Ord.
No. 4674-19, 4-17-2019]
A.
A Special
Land Use Permit, in which no vested right has been established, shall
lapse and become void unless the applicant applies for a occupancy
permit for the proposed use and operation has commenced in an existing
building within six (6) months; or has applied for a building permit
for any new building and construction is started within six (6) months
and is in full operation within one (1) year of the date of approval
of the Special Land Use Permit by the City Council. Upon the written
request of the property owner and for good cause shown, the City may
grant an extension of time, not to exceed one (1) year, under such
conditions as it determines. An application for an extension will
be considered only if it is submitted, in writing, prior to the expiration
of the initial period. All construction and site development must
be completed within one (1) year after the date of renewal of the
Special Land Use Permit or the permit shall terminate.
B.
At
the time an application for extension is submitted to the City, a
fee, as set forth in the fee schedule kept in the offices of the City
Planner, shall be paid to the City Clerk
[Ord. No. 3674 §§1—3, 8-17-2005]
A Special Land Use Permit shall be valid for either a limited
period of time to be specified in the terms and conditions of the
permit or permanently if so specified in the conditions of the permit.
A time limited Special Land Use Permit may be renewed upon application
to the City Council subject to the same procedures, standards and
conditions as in the original application. If not renewed, the permit
shall terminate and the property's use shall be only for that authorized
in the underlying zoning district. A Special Land Use Permit shall
be null and void if for any reason the permittee ceases operation
for a period of six (6) months.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Any
Special Land Use Permit granted under the authority of this Article
is subject to revocation for any or all of the following reasons:
1.
Non-compliance with any applicable requirements as set forth in this
Article.
2.
Non-compliance with any special conditions imposed at the time of
approval or renewal of the Special Land Use Permit.
3.
Violation of any provisions of the Code of Ordinances pertaining
to the use of the land, construction or uses of buildings or structures
or activities conducted on the premises by the permit holder, agents
of the permit holder or tenants.
4.
Violation of any other applicable provisions of the Code of Ordinances
or any State or Federal law or regulation by the permit holder, agents
of the permit holder or tenants, provided that such violations relate
to the conduct or activity authorized by the conditional use permit
or the qualifications of such persons to engage in the permitted use.
5.
Attempted transfer of a permit in violation of this Article.
6.
Revocation is necessary to preserve the public health, safety and
welfare.
[Ord. No. 3674 §§1—3, 8-17-2005]
No Special Land Use Permit shall be revoked unless a majority
of the City Council is satisfied by preponderance of the evidence
that grounds for revocation exist. Any motion for the revocation of
a Special Land Use Permit shall clearly state the grounds for revocation.
