[R.O. 2012 §405.640]
This Section contains the regulations of the conditional use
permit procedure. These regulations are supplemented and qualified
by additional general regulations appearing elsewhere which are incorporated
as part of this Section by reference.
[R.O. 2012 §405.645]
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. 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 use permits.
[R.O. 2012 §405.650]
A.
If
a use or building is specifically permitted in a given district then
no conditional use permit is required.
B.
Any
use or building otherwise permissible must also meet all requirements
by the Planning and Zoning Commission.
C.
Any
public building erected and used by any department of the City, County,
State, or Federal Government.
D.
Cemetery,
crematorium, provided that such building or uses are located on a
lot of not less than forty (40) acres. Development plan to be submitted
with application.
E.
Hospitals,
sanitariums and similar institutions.
1.
Minimum lot area five (5) acres.
2.
Minimum yard two (2) feet for each one (1) foot of building height.
3.
Plan of landscape development to be submitted with application.
4.
Maximum height of structure seventy (70) feet.
5.
Screen planting where abutting residential use, six (6) foot height
by six (6) foot width.
6.
Parking and loading. See Off-Street Parking and Loading Space Regulations, Article XIX of this Chapter.
7.
Development plan to be submitted with application.
F.
Day
care center "child" or "adult", kindergarten or nursery school.
1.
The City of Union hereby adopts all State of Missouri rules and regulations
pertaining to the subjects covered by this Section to include all
licensing requirements.
2.
The City of Union shall issue a license for the above purposes only
if the applicant therefore shall have a valid license issued by the
appropriate agency of the State of Missouri.
3.
In the event an application is made for a related activity for which
there is no State license issued, such application shall be handled
under the provisions pertaining to conditional use permits applying
the State license requirements which are the most clearly related
thereto.
G.
Power
transmission lines development plan to be submitted with application.
H.
Public Utility Substations Or Exchange, Including Telephone Exchange. Development plan shall be submitted with application to Planning
and Zoning Commission.
1.
Plan of landscape development to be submitted with application.
2.
Screen planting where abutting residential, adequate to screen power
substation from street view.
3.
Maximum number of principal entrances from major thoroughfare —
one (1).
5.
Outdoor artificial lighting shall be approved by Planning and Zoning
Commission.
[R.O. 2012 §405.655]
A.
The
following conditional uses shall be considered for use in all business
districts, except "B-3". Development plan shall be submitted with
application to the Planning and Zoning Commission.
1.
Golf driving ranges or other similar outdoor commercial recreational
enterprises.
2.
Outdoor theater.
3.
Outdoor commercial, recreational enterprise.
4.
Retail lumber store.
5.
Planned shopping center.
a.
Purpose. A planned shopping center shall involve
a single tract of land which must, at the time of application, be
under single ownership or control and shall be a comprehensive development
of compatible uses relying upon integrated parking and infrastructure.
Planned shopping centers shall be subject to a uniform set of restrictions
which shall remain in effect throughout the life of the center and
which must be approved as part of the conditional use process.
b.
Area requirements. Planned shopping centers may
be developed under a single plan and under a single ownership when
the following minimum standards are provided.
(1)
Premises shall contain a minimum area of seventy-five thousand
(75,000) square feet total building floor area, with not less than
seventy-five percent (75%) thereof (fifty-six thousand two hundred
fifty (56,250) square feet) of building floor area for use by retail
stores.
(2)
The retail store tenants occupying said minimum square feet
of floor space shall be referred to herein as "main or principal tenants";
no such "main or principal tenant" shall sublease or contract for
sales through sub-tenants, or other independent department operators
on the same premises, except to sublease the entire premises of such
main or principal tenant to another substitute or principal tenant.
(a)
No building permits shall be issued until plans are provided
for site improvements showing sufficient widening of access roads
where necessary. Access roads shall be widened sufficiently to carry
two (2) lanes of vehicular traffic into and out of said planned shopping
center and such access roads shall be constructed at developer's expense
in accordance with the standards of street construction applicable
to new construction of public streets in the City of Union. This shall
not, however, require any widening of access roads beyond the property
boundaries of said planned shopping center.
(b)
All uses except off-street parking and loading facilities and
including facilities for storage and removal of refuse shall be conducted
within an enclosed building. All loading areas shall be screened from
view from adjoining street and adjacent properties.
(c)
Any boundary adjoining an "R" District, except where abutting
public streets, shall be provided with a buffer zone, fifty (50) feet
in width, including screen border planting; and no drives or walkway
shall occupy such buffer zone except as a means of ingress and egress,
as necessary.
[R.O. 2012 §405.660]
A.
Any
application for a conditional use permit in a "B-2" Zoning District
must be accompanied by a proposed use or development plan. All procedural
and substantive requirements for other types of conditional use permits
shall be applicable to conditional use permits for "B-2" Zoning Districts.
Conditional use permits may be granted for the following purposes:
[R.O. 2012 §405.665]
A.
Planned
mobile home parks may be allowed on less than five (5) acres with
a conditional use permit. Any application for a conditional use permit
for such use in an "R-4" Zoning District must be accompanied by a
proposed use or development plan. All procedural and substantive requirements
for other types of conditional use permits shall be applicable to
conditional use permits in "R-4" Zoning Districts. In deciding whether
or not such a conditional use permit should be granted, the following
factors, among others peculiar to the subject tract, shall be considered:
1.
The impact of the proposed use on the property values of the neighboring
property;
2.
The existing topographical conditions;
3.
The ability to provide the area with utility reviews; and
4.
The impact that the proposed development would have on the existing
infrastructure system to include roads, highways and traffic congestion.
[R.O. 2012 §405.675]
A.
Airports,
heliports or similar uses.
B.
Planned
industrial parks developed under a single plan when the following
minimum standards are provided:
C.
Broadcasting Towers For Radio And Television. Development
plans shall be submitted with the application to the Planning and
Zoning Commission.
1.
Radio, television, and communication studios, transmitting or relay
towers, antennae, and other such facilities no greater in height than
two hundred (200) feet above the average ground elevation at the perimeter
of such structure.
Total height of any structure authorized by conditional use
permit shall be authorized by specific conditions of the permit; except
the height of structures may be further restricted as provided by
the Air Navigation Space Regulations and Federal Aviation Agency (FAA).
2.
Minimum yard requirement — Any structure exceeding thirty (30)
feet in height which adjoins "NU" Non-Urban or any "R" Residential
District, must be set back from such property line an additional one
(1) foot for every two (2) feet in height above thirty (30) feet.
3.
Minimum lot area requirements — Shall be situated on tracts
of land sufficient to meet setback lines as may be required by the
Planning and Zoning Commission.
[R.O. 2012 §405.680]
Any development or use authorized by conditional use permit
shall abide by the lot area, lot dimension, development limitation,
and yard requirements of the particular zoning district in which the
conditional development or use is located. However, these requirements
may be made more restrictive in the conditions governing the particular
development or use authorized by conditional use permit.
[R.O. 2012 §405.685; Ord. No. 3200 §1, 2-12-2007]
A.
Generally. The granting of a conditional use permit may
be initiated by a verified application of one (1) or more of the owners
of record or owners under contract of a lot or tract of land, or their
authorized representatives, or by a resolution of intention by the
Planning and Zoning Commission. Procedures for application, review,
and approval of a conditional use permit shall be as follows.
B.
Application. Application for a conditional use permit for
a specific tract of land shall be addressed to the City of Union Planning
and Zoning Commission and filed in its public office. The application
shall be filed on forms prescribed for that purpose by the Planning
and Zoning Commission and be accompanied by the following:
1.
A deposit of five hundred dollars ($500.00) shall be paid over to
the City Clerk of the City of Union at the time the application is
filed. The deposit received hereunder by the City Clerk shall be paid
over to the City to the credit of the General Revenue Fund. The deposit
shall be used for all expenses associated with the review and processing
of the application to specifically include, but not necessarily limited
to, the notice and publication of any hearing, the expenses incurred
for the services of a court reporter, if any, all recording fees and
staff time required to process the application. Any balance remaining
after deducting for all expenses shall be reimbursed to the applicant.
In the event the expenses associated with the application are more
than the deposit, the City Clerk shall cause a statement for the balance
to be sent to the applicant for immediate payment. The City Clerk
shall cause no action to be taken regarding the decision until the
balance has been paid.
2.
Legal description of the property.
3.
Outboundary plat of the property.
4.
Preliminary development plan, including but not limited to the following:
a.
Three (3) copies of a plan depicting location and size of buildings,
areas to be developed for parking, drives, walkways, and other purposes.
b.
Proposed uses. Approximated location and designation
uses of buildings and other structures as well as parking and open
areas shall be indicated.
c.
Existing and proposed contours at vertical intervals of not more
than five (5) feet referred to sea level datum. Floodplain areas shall
be delineated.
d.
Approximated location of all isolated trees having a trunk diameter
of six (6) inches or more, all tree masses and proposed landscaping.
e.
Two (2) cross-section profiles through the site showing preliminary
building form, existing natural grade and proposed final grade.
f.
Proposed ingress and egress to the site, including adjacent streets.
g.
Preliminary plan for provision of sanitation and drainage facilities.
5.
A sworn statement from the applicant, with copies of P.S. Form 3811
Domestic Return Receipt from the USPS, which statement attests that
the applicant has notified all property owners within three hundred
(300) feet of the property of the proposed use of the property.
[Ord. No. 3985 §1, 12-14-2015]
6.
The Zoning Enforcement Official or his/her designated representative
shall post a notice of public hearing in a conspicuous place on said
property at least fifteen (15) days prior to said hearing on each
side of a property fronting on a street or highway.
[Ord. No. 3985 §1, 12-14-2015]
C.
Public Hearing. A public hearing on the application shall
be held by the Planning and Zoning Commission in accordance with the
provisions of procedure for amending the Zoning Code, except that
the posted public notice signs shall indicate that the public hearing
is for a conditional use permit. The public hearing shall be held
within forty-five (45) days of verification by the Department of Planning
and Zoning that the petition meets the minimum application requirements.
The public hearing requirements shall be the same if a petition for
a conditional use permit is initiated by resolution of the Planning
and Zoning Commission.
D.
Approval Or Denial Of Application. Subsequent to public
hearing, the Planning and Zoning Commission, upon receipt of the application
and supporting documents, shall file a report within sixty (60) days
to the Board of Aldermen in which the Commission shall grant or deny
each application for a conditional use permit and state the reasons
therefor. The Planning and Zoning Commission may permit those developments
and uses where such developments and uses are deemed consistent with
good planning practice; can be operated in a manner that is visually
compatible with the permitted uses in the surrounding area; and are
deemed essential or desirable to preserve and promote the public health,
safety, and general welfare of the City of Union. In approving such
conditional uses, the Planning and Zoning Commission shall impose
such conditions as it determines necessary. Said conditions shall
include but not be limited to the following:
1.
Permitted uses, including maximum floor area.
2.
Performance standards.
3.
Height limitations.
4.
Minimum yard requirements.
5.
Off-street parking and loading requirements.
6.
Sign regulations.
7.
Minimum requirements for site development plans.
8.
Time limitations for commencement of construction.
E.
Permit Effective, When. Unless the Board of Aldermen exercises
its power of review or a duly filed protest as herein set forth is
received by the City Clerk, a conditional use permit or an amendment
thereto shall become effective after thirty (30) days of the Board
of Aldermen's receipt of the Planning and Zoning Commission's report
granting the application. In the event that a conditional use permit
is filed in conjunction with a required change of zoning, the permit
shall not become effective until the date of enactment of the ordinance
authorizing the zoning change.
F.
Effect Of Denial. Upon denial by the Planning and Zoning
Commission of an application for a conditional use permit, the Commission
shall notify the applicant of the denial. If no appeal is filed within
thirty (30) days from the denial and if the Board of Aldermen does
not exercise its power of review, no subsequent application for a
permit with reference to the same property or part thereof shall be
filed by any applicant until the expiration of twelve (12) months
after the denial. No provision herein shall be construed to prevent
the Planning and Zoning Commission or the Board of Aldermen from initiating
the procedure provided in this Section by a resolution of intention
at any time.
G.
Appeal, Protest Or Board Of Aldermen Review Of Planning And Zoning
Commission Decision.
1.
Appeal by petitioner from decision of denial. The
petitioner may file an appeal to the Board of Aldermen of a Planning
and Zoning Commission denial of an application for a conditional use
permit or an amendment thereto. Such protest must be filed within
thirty (30) days of the Planning and Zoning Commission's decision.
2.
Protest by specified nearby property owners to decision of
approval. Specified nearby property owners may file a protest
with the Board of Aldermen against the Planning and Zoning Commission's
approval of an application for a conditional use permit or an amendment
thereto.
3.
Board of Aldermen review of Planning and Zoning Commission
decision.
a.
Within fifteen (15) days after receipt of the Planning and Zoning
Commission's report, the Board of Aldermen, upon motion adopted by
majority vote, may exercise the power of review of any Planning and
Zoning Commission decision on an application for a conditional use
permit or amendment thereto.
b.
Before acting on the conditional use permit, the Board of Aldermen
shall set the matter for hearing. The Board of Aldermen shall give
written notice of such hearing and shall conduct a public hearing
after fifteen (15) days' notice thereof has been given. Any person
or persons who, in the discretion of the Board of Aldermen, will be
aggrieved by any decision or action with respect to the conditional
use permit may be heard at the hearing.
c.
Board of Aldermen decision. Following the hearing
by the Board of Aldermen on an application, the Board of Aldermen
may affirm, reverse or modify, in whole or in part, any determination
of the Planning and Zoning Commission. An affirmative vote of two-thirds
(2/3) of the members of the whole Board of Aldermen shall be required
to reverse or modify any determination of the Planning and Zoning
Commission, providing that:
(1)
The proposed conditional use is to be located in a district
wherein such use may be permitted;
(2)
The requirements set forth for such conditional use will be
met; and
(3)
The conditional use is consistent with the spirit, purpose,
and intent of the Comprehensive Plan, will not substantially and permanently
injure the appropriate use of neighboring property, and will serve
the public convenience and welfare.
|
|
The Board of Aldermen shall direct the Zoning Enforcement Official
or designated official to issue a permit for the conditional use.
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[R.O. 2012 §405.690]
Subsequent to the effective date of the conditional use permit,
a site development plan shall be submitted for review and approval
to the Planning and Zoning Commission, as specified in the conditions
of the permit. The plan shall contain the minimum requirements established
in the conditions governing the conditional use permit. No building
permits or authorization for improvement or development for any use
requested under provisions of this permit procedure shall be issued
prior to approval of such plan.
[R.O. 2012 §405.695]
A.
In
order to amend the conditions of an existing conditional use permit
or to amend the site development plan approved for a conditional use
permit, the procedure shall be as follows:
1.
To amend conditions of a conditional use permit:
a.
The property owner or authorized representative shall submit a written
request to amend conditions to the Planning and Zoning Commission.
The Planning and Zoning Commission shall evaluate the request for
consistency in purpose and content with the nature of the proposal
as originally advertised for public hearing.
b.
The Planning and Zoning Commission shall review the proposed condition
amendments and file a report with the Board of Aldermen in which the
Commission shall grant, deny or modify the requested condition amendments.
If the Planning and Zoning Commission determines that the requested
condition amendments are not consistent in purpose and content with
the nature of the proposal as originally advertised for public hearing,
the Commission may require a new public hearing on the matter in accord
with the procedure for amending the Zoning Code.
2.
To amend the site development plan:
a.
The property owner or authorized representative shall submit an amended
site development plan to the Planning and Zoning Commission. The Planning
and Zoning Commission shall evaluate the request for consistency in
purpose and content with the nature of the proposal as originally
advertised for public hearing.
b.
If the Planning and Zoning Commission determines that the proposed
amendment to the site development plan is not in conflict with the
original proposal as advertised and the preliminary development plan,
and meets all conditions of the conditional use permit, the Planning
and Zoning Commission may approve said amended plan. The approved
plan shall be retained on file by the Planning and Zoning Commission.
[R.O. 2012 §405.700]
Prior to the issuance of any building permit, the property owner
shall record a copy of the approved conditional use permit, including
attached conditions, and any subsequent amendments thereto and the
legal description of the tract with the Franklin County Recorder of
Deeds.
[R.O. 2012 §405.705; Ord. No. 2908 §§1 — 2, 7-12-2004]
A.
Time Limit. Conditional use permits shall be valid for an
unlimited period of time unless a lesser period is provided for in
a particular permit. Upon expiration of the time limit specified in
a particular permit, the property owner may request that the conditional
use permit be reviewed by the Planning and Zoning Commission, which
may either:
B.
Transferability. As a general rule conditional use permits
shall be personal in nature, shall not run with the land and shall
not be transferable. The only exception to above stated general rule
shall be with regard to buildings constructed for particular purposes
within residential zoning districts to specifically include, but not
be limited to, two-family dwellings and duplexes. In those instances
wherein a building is constructed for a particular purpose within
a residential zoning district in accordance with an approved conditional
use permit, any such permit shall run with the land and shall be transferable.
[R.O. 2012 §405.710]
Unless otherwise stated in the conditions of a particular conditional
use permit, substantial work or construction shall commence within
two (2) years of the effective date of the permit, unless such time
period is extended through appeal to an approval by the Planning and
Zoning Commission. If no extension of time is received or granted
within six (6) months subsequent to the two (2) year period following
the effective date of the conditional use permit, the permit shall
terminate.
[R.O. 2012 §405.715]
An existing use which is listed herein as a conditional use,
and which is located in a district in which such conditional use may
be permitted, shall be considered a conforming use.
[R.O. 2012 §405.720]
Any expansion of such conditional use involving the enlargement
of the buildings, structures, and land area devoted to such use shall
be subject to the review and approval procedures described in this
Article.
