[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.