[Ord. No. 258 Art. 6 §601; Ord. No. 37-2009, 11-23-2009]
A. 
The City of Herculaneum recognizes the possibility of other types of special uses, which could possibly occur under special standards without being a detriment to normal development. A special use might arise from a need of the City of Herculaneum for a facility or service which it does not have or it may be that it is the kind of development that requires special consideration in order to be certain that the design and planning principles necessary to make it fit into the zoning pattern can be imposed after study and review by the Planning and Zoning Commission.
B. 
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
1. 
Character of the neighborhood.
2. 
Conservation of property values.
3. 
Health and safety of residents and workers on adjacent properties and in the surrounding neighborhood.
4. 
Potential congestion of vehicle traffic or creation of undue hazard.
5. 
Stated principles and objectives of this Title and the Comprehensive Master Plan of the City of Herculaneum.
[Ord. No. 258 Art. 6 §602; Ord. No. 05-014 §2, 4-25-2005; Ord. No. 37-2009, 11-23-2009]
A. 
Any person seeking a permit for any special use shall first make application in the form described by Section 415.030(D) to the Administrative Officer for a special use permit.
B. 
The Administrative Officer shall forward the file to the Planning and Zoning Commission for its consideration. A copy of the site plan, if appropriate, shall also accompany the application to allow an evaluation of the proposed special use and its relationship and conformity to the goals and objectives and policies established by the Comprehensive Master Plan. The Planning Commission shall, within thirty (30) days after receipt of such application, make a written report to the Board of Aldermen setting forth its findings and recommendations concerning the application. In its review, the Planning and Zoning Commission shall grant the applicant and other interested parties the right to be heard. In its recommendations, the Planning and Zoning Commission may suggest any revisions to the site plan, landscaping plan or other plans as will, in its opinion, cause the proposed special use to be substantial conformance with the Comprehensive Master Plan and its principles of land use and development.
C. 
The Board of Aldermen shall approve or deny such application in accordance with the time limits provided by law. In approving any such applications, the Board of Aldermen may impose any modifications or conditions it deems necessary to carry out the intent of this Title or to protect the health, safety or welfare of the community. If an application is approved, the Administrative Officer shall be empowered to issue a building permit upon the request of the applicant in accordance with the terms and conditions of the Board's approval.
D. 
The application and all supporting documents shall be made in triplicate and shall include the following plans and information:
1. 
Marketability study showing the socio-economic need for such a use.
2. 
Land use impact study showing the degree of impact upon the adjacent land uses and the neighborhood.
3. 
The location, use, design, dimension and height of each proposed building or structure.
4. 
The location and arrangement of vehicular access ways and location, size and capacity of all areas to be used for off-street parking, loading and unloading.
5. 
The location and dimensions of sidewalks, walkways and all other areas to be devoted to pedestrian use.
6. 
The design and treatment of open areas, recreation areas, buffer areas and screening devices to be maintained including dimensions of all areas devoted to planting lawns, trees or other landscaping devices.
7. 
Provisions for water supply, storm drainage and sewer disposal.
8. 
Sufficient data to indicate the effects of the proposed use development in producing traffic congestion and safety hazards and sufficient additional data to enable the Board of Aldermen of the City of Herculaneum to determine compliance with the design requirements set forth in this and other pertinent Sections of this Title.
E. 
Any applicant for a special use permit shall be required to place notice of such hearing in one (1) issue of a paper of general circulation within Jefferson County, such notice to be published not less than fifteen (15) days prior to the date of said hearing. Notice of such hearing shall also be posted at least fifteen (15) days in advance thereof in one (1) or more public areas of the City of Herculaneum and shall also be required to be posted by sign on the premises itself in such manner and size such that the sign shall be readable from the nearest thoroughfare. In the event there is not a thoroughfare in close proximity such that a sign can be read from such thoroughfare, the Public Works Director may waive this requirement. Notice shall also be given at least fifteen (15) days before the hearing, by certified mail, to all owners of any real property within one thousand (1,000) feet of the parcel of land for which the change is proposed.