[Ord. No. 1400 §3, 12-18-2014]
A.
Intent And Purpose. In this Zoning Code, the City
has set forth zoning districts within which the use of land and structures
and the bulk and location of structures in relation to the land are
to be substantially uniform. It is recognized, however, that there
are certain uses that are desirable, necessary or convenient to the
community, but which, because of their unique characteristics and
features, cannot be classified in a particular district or districts,
without consideration, in each case, of the impact of such uses on
the health, safety, morals and general welfare of the City. Such uses
are therefore treated as conditional uses. A conditional use is not
the right of any applicant. The City of Cottleville reserves the full
discretion to deny any such application which it finds to be detrimental
to the health, safety, morals and general welfare of the inhabitants
of the City.
B.
Authorization. Upon receipt of a recommendation
from the Planning and Zoning Commission, the Board of Aldermen may,
after public notice and a hearing having been conducted on such an
application, authorize the issuance of a conditional use permit. In
acting upon any application, the Board of Aldermen shall give due
consideration to the standards and conditions prescribed in this Section,
and shall grant such permits if it finds, in its judgment, that such
action is in the best interest of the public health, safety, morals
and welfare of the residents of the City.
C.
Procedure.
1.
Public hearing. Upon receiving a complete application for a conditional use permit and the accompanying fee, the Director of Public Works shall submit the conditional use permit application to the Planning and Zoning Commission which shall publish a notice and hold a public hearing on the proposed conditional use. All such applications shall be set down for a public hearing before the Planning and Zoning Commission not later than sixty (60) days from the date of receipt of a complete application. Procedures for such public hearing shall be handled in the same manner as a zoning district amendment as set forth in Section 400.110(C) of this Code.
2.
Recommendation of the Commission.
a.
After review of the application for a conditional use and the conduct of a public hearing, the Planning and Zoning Commission shall make findings as to whether or not the standards described in Subsection (E) of this Section have been met by the applicant. The burden of proof shall be on the applicant to prove that such standards have been met by the applicant. Thereafter, the Planning and Zoning Commission shall either:
(i)
Postpone consideration of a conditional use permit
due to lack of sufficient information to make a recommendation to
the Board of Aldermen;
(ii)
Recommend approval of a conditional use permit
to the Board of Aldermen;
(iii)
Recommend approval of a conditional use permit
with conditions to the Board of Aldermen; or
(iv)
Recommend denial of a conditional use permit to
the Board of Aldermen.
b.
Notwithstanding the foregoing, the failure of the Commission
to act within ninety (90) days after the date of the public hearing
set pursuant to Subsection (c)(1) above shall be deemed an approval.
3.
Notice of hearing before Board of Aldermen.
Upon receiving a complete application for a conditional use permit
and the accompanying fee, the Director of Public Works shall send,
via regular mail, to the applicant(s), all the fee owners of the real
property to be affected, and their agents, if any, notice of the hearing
to be conducted before the Board of Aldermen. Such notice shall be
mailed at least ten (10) days prior to the date of the hearing and
contain the name of the applicant, the application number and the
time and place of the hearing. Such hearing may be continued by the
Board of Aldermen from time to time without additional notice being
required.
4.
Hearing and consideration by the Board of Aldermen.
a.
Upon receipt of a recommendation from the Planning and Zoning
Commission, and after the mailing of a notice pursuant to this Section,
the Board of Aldermen shall conduct a hearing, on the record, on the
proposed conditional use. Thereafter, the Board of Aldermen shall
have the authority to either:
b.
The conditional use permit under consideration by the Board
of Aldermen shall be in the form of an ordinance. Such ordinance shall
include findings of fact as well as such terms, conditions, safeguards
and restrictions upon the conditional use as deemed necessary by the
Board of Aldermen.
Upon the denial of a conditional use permit by the Board of
Aldermen, whether by means of an affirmative vote of the Board of
Aldermen to reject the bill proposing the conditional use or upon
the failure of the bill to pass as an ordinance for lack of sufficient
votes in favor, the Board of Aldermen shall, no later than the next
regular meeting of the Board of Aldermen, prepare and approve findings
of fact and conclusions of law setting forth the Board's reasons
for denying the conditional use. The date of the Board's approval
of such findings of fact and conclusions of law shall be deemed the
effective date of the denial of the requested conditional use.
D.
Filing Of Application And Fees.
1.
Application for any conditional use permit permissible under the provisions of this Chapter shall be made on an application form provided by the Director of Public Works. Each application shall be filed with the Director of Public Works and shall be accompanied by the data prescribed on the form and any additional information deemed necessary by the Director of Public Works. The application shall be accompanied by the fee set forth in Section 405.790 of this Code, payable to the City to cover the costs of advertising, notification, and other administrative expenses associated with the application. No part of such fee shall be returnable to the applicant.
2.
An application for a conditional use permit shall be signed
by all fee owners of the real property for which the conditional use
is sought or by their agent or agents having authority to sign the
petition on their behalf, accompanied by proper evidence of such agency
relationship, and by the applicant, if other than the fee owners.
The petition shall be submitted to the Director of Public Works and
shall contain or be submitted concurrently with the following information:
a.
A legal description of the real property to be affected, including
one hard printed copy and one electronic copy in a Microsoft Word
compatible format;
b.
Acreage of the real property to be affected;
c.
A scaled map of such real property, correlated with its legal
description and clearly showing the real property's location;
d.
The names, addresses and telephone numbers of the applicant(s),
all the fee owners of such property and their agents, if any, and
copies of the deeds on file with the office of the St. Charles County
Recorder of Deeds evidencing such ownership;
e.
The date of filing with the Director of Public Works;
f.
The present zoning for the real property;
g.
The existing use(s) and proposed use(s) of such real property;
h.
The notarized signature(s) of the applicant(s), fee owner(s)
and agents of the fee owner(s), if any, certifying the accuracy of
the required information. If the applicant(s) or fee owner(s) of the
real property are a trust or business entity, then proof of the authority
of the party executing the application must be provided by way of
resolution, minutes, trust agreement, operating agreement, or other
legally appropriate means; and
i.
A site plan in compliance with Article VI of this Chapter, including building elevations, except that the Director of Public Works may, upon application of the applicant, permit an applicant to submit a concept plan in lieu of a site plan under any of the following conditions:
(i)
The use of the property consistent with the proposed
conditional use would not otherwise require submission of a site plan
for development; or
(ii)
The proposed conditional use will operate in an
existing structure on developed property that is currently in compliance
with the provisions of this Chapter; or
(iii)
Such other reasons that the Director of Public
Works may determine warrant waiving the submission of a site plan.
j.
A concept plan submitted pursuant to this Subsection shall include
the following:
(i)
Building(s) outline and floor area.
(ii)
Parking areas and parking calculations.
(iii)
Curb cuts and cross-access easements with adjacent
parcels, if applicable.
(iv)
Site features, including light standards, trash
enclosures, fencing.
(v)
General location of landscaping.
(vi)
Front, rear and side yard setbacks.
(vii)
Boundaries of the subject real property.
(viii)
Adjacent or connecting streets and their names.
(ix)
Other items as deemed necessary by the Director
of Public Works.
E.
Standards For Conditional Use Permit Approval.
1.
Approval or denial of a conditional use permit shall be based
upon the following criteria:
a.
The proposed conditional use complies with all applicable provisions
of this Code, including intensity of use regulations, setback regulations
and use limitations.
b.
The proposed conditional use on the specified real property
will contribute to and promote the general welfare, health, safety
and convenience of the public.
c.
The location and size of the conditional use, the nature and
intensity of the operation involved in or conducted in connection
with it, and the location of the real property with respect to streets
giving access to it are such that the conditional use will not adversely
affect the immediate neighborhood so as to prevent development and
use of neighboring property in accordance with the applicable zoning
district regulations. In determining whether the conditional use will
adversely affect the immediate neighborhood, consideration shall be
given to:
d.
Off-street parking and loading areas will be provided in accordance
with the standards set forth in this Code.
e.
Adequate utilities, drainage and other such necessary facilities
have been or will be provided on the real property.
f.
Adequate access roads, entrances and exit drives shall be provided
and shall be so designed to prevent traffic hazards and to minimize
traffic congestion on public streets and alleys.
g.
In considering applications for a conditional use permit, the
Planning and Zoning Commission and Board of Aldermen shall require
such conditions of use as either may deem necessary to protect the
general welfare of the City and the surrounding real property and
to achieve the objectives of Title IV of this Code.
h.
A time limitation may be imposed on the conditional uses identified
in the district regulations contained in Title IV of this Code. Said
conditional use permit time limitations shall be renewable at the
discretion of the Board of Aldermen after consideration of the recommendation
of the Planning and Zoning Commission.
i.
Specific provisions for signage shall be included in the conditional
use approval.
2.
In recommending a conditional use permit, the Planning and Zoning
Commission may recommend and the Board of Aldermen may impose terms,
conditions and safeguards that either deem necessary to protect the
general welfare of the City and the surrounding real property and
to achieve the objectives of this Chapter. These additional requirements
may include, but are not necessarily limited to, any of the following:
a.
Requirements for front, side, or rear yard setbacks, greater
than the minimums required by this Chapter;
b.
Requirements for screening or landscaping of parking areas or
other portions of the real property from adjoining real property or
from the street;
c.
Limitations on egress and ingress so as to minimize congestion
on City streets;
d.
Limitations on number of occupants, method or times of operation,
or size of facilities;
e.
Regulation of number, design, and location of off-street parking
or other special features beyond the minimum required by this or other
applicable provisions or regulations of this Code;
f.
Use limitations and/or requirements;
g.
Height and area limitations and/or requirements;
h.
Sign limitations and/or requirements; or
i.
Limitations and/or requirements for architectural elevations
for any proposed structures.
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A violation of a requirement, term, condition or safeguard contained in a conditional use permit shall be considered a violation of this Chapter, subject to penalties under Section 405.800 of this Code and grounds for the Board of Aldermen to terminate and cancel such conditional use permit.
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F.
Extension Or Alterations. Where an existing use
which is permitted by a conditional use permit is proposed to be extended
or substantially altered in a manner which would in any way change
the character or intensity of the use, such proposed extension or
substantial alteration shall be treated as a new conditional use under
this Section.
G.
Period Of Validity.
1.
No conditional use permit granted by the Board of Aldermen shall
be valid for a period longer than one hundred eighty (180) days from
the date of the granting of the conditional use permit by the Board
of Aldermen, unless within such period:
2.
The Board of Aldermen may, upon written request of the applicant,
grant extensions, to such time period not exceeding one hundred eighty
(180) days each, without notice of hearing. Such extensions shall
not, in the aggregate, exceed two (2) years.
[Ord. No. 1748, 1-16-2019]
B.
Filing Of Applications And Fees.
1.
An application for any conditional use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, shall be made on an application form provided by the Director of Public Works. Each application shall be filed with the Director of Public Works and shall be accompanied by the data prescribed on the form and any additional information deemed necessary by the Director of Public Works. The application shall be accompanied by the fee set forth in the fee schedule, as provided by Section 405.790 of the Municipal Code, payable to the City to cover the costs of advertising, notification, and other administrative expenses associated with the review of the application. No part of such fee shall be returnable to the applicant.
2.
An application for a conditional use permit to construct a new
wireless support structure, or for a substantial modification of a
wireless support structure, shall be signed by all fee owners of the
real property for which the conditional use is sought or by their
agent or agents having authority to sign the application on their
behalf, accompanied by proper evidence of such agency relationship,
and by the applicant, if other than the fee owners. The application
shall be submitted to the Director of Public Works and shall contain
or be submitted concurrently with the following information:
a.
The information set forth in Section 400.130(D)(2);
b.
Photographs or other pictorial representations of the new wireless
support structure, or the substantial modification of a wireless support
structure, as viewed from neighboring properties to demonstrate if
the wireless support structure is harmonious with the appearance and
character of the neighborhood;
c.
The type of wireless facilities, infrastructure or technology
to be used by the applicant;
d.
Solely with respect to an application for a new wireless support
structure, a statement by the applicant that it conducted an analysis
of available collocation opportunities on existing wireless support
structures within the same search ring defined by the applicant, solely
for the purpose of confirming that an applicant undertook such an
analysis;
e.
Any applicable indemnity, insurance or performance bond information
required by law or City ordinance;
f.
Copies of any submitted applications for building permits, electrical
permits, road closure permits and/or architectural or engineering
permits; and
g.
Proof of liability insurance coverage against any damage or
personal injury caused by the negligence of the applicant or its employees,
agents or contractors. Such insurance coverage must be with companies
licensed to do business in the State of Missouri and rated no less
than AA by Best or equivalent and must be maintained in force for
the duration of the period during which the applicant holds the permit
and for the all applicable statute of limitations periods. Certificates
evidencing such insurance shall be furnished to the City prior to
the issuance of the permit and must state, "The City of Cottleville
is an additional insured," on a primary and non-contributory basis.
The Certificate Holder shall be listed as "City of Cottleville, Attention
City Clerk, 5490 Fifth Street, Cottleville, MO 63304" and the certificate
shall bear an endorsement precluding cancellation of or change in
coverage without at least thirty (30) days written notice to the City.
In the alterative of such insurance coverage, an applicant must demonstrate
that it has in effect a comparable self-insurance program; and
h.
All other information deemed necessary by the Director of Public
Works.
C.
Procedure.
2.
Hearing And Consideration By The Planning And Zoning Commission.
Within seventy-five (75) calendar days of receiving an application
for a conditional use permit to construct a new wireless support structure,
or for a substantial modification of a wireless support structure,
or within such additional time as may be mutually agreed to by an
applicant and the Director of Public Works, the Planning and Zoning
Commission shall:
a.
Conduct a hearing and review the application in light of its
conformity with this Section:
(i)
An application is deemed to be complete unless
the Director of Public Works notifies the applicant, in writing, within
thirty (30) calendar days of submission of the application, of the
specific deficiencies in the application which, if cured, would make
the application complete. This notice must specify the Municipal Code
provision, ordinance, application instruction, or other publicly-stated
procedure that requires the information to be submitted. All deadlines
for action in this Section shall be tolled from the time the Director
of Public Works sends such notice to the applicant to the time the
applicant provides the missing information.
(ii)
Upon receipt of a timely written notice that an
application is deficient, an applicant may take thirty (30) calendar
days from receiving such notice to cure the deficiencies.
(iii)
After the applicant makes a supplemental submission
in response to this notice, the Director of Public Works must notify
the applicant within ten (10) calendar days if the supplemental submission
did not provide the information identified in the original notice
of incompleteness. Missing documents or information that is not delineated
in the original notice of incompleteness may not be delineated in
this subsequent notice. All deadlines for action in this Section shall
be tolled from the time the Director of Public Works sends such notice
to the applicant to the time the applicant provides the missing information.
(iv)
If the applicant cures the deficiencies within
said period of thirty (30) calendar days from receipt of the initial
notice of incompleteness, the application shall be reviewed and finally
acted upon by the Board of Aldermen within one hundred twenty (120)
calendar days from the initial date the application was received.
(v)
If the applicant requires a period of time beyond
thirty (30) calendar days to cure the specific deficiencies, the one
hundred twenty (120) calendar day deadline for the Board of Aldermen
to review the application, make the final decision, and advise the
applicant, in writing, of its final decision, shall be extended by
the same period of time.
(vi)
Applications for building permits, electrical
permits, road closure permits and/or architectural or engineering
permits shall be considered, and final decisions rendered, in accordance
with the time frames set forth in this Section.
b.
Make findings of fact as to whether or not the standards described
in this Section have been met by the applicant. The burden of proof
shall be on the applicant to prove that such standards have been met
by the applicant. Thereafter, the Planning and Zoning Commission shall
either:
(i)
Postpone consideration of the application because
the application is incomplete;
(ii)
Recommend approval of the application to the Board
of Aldermen;
(iii)
Recommend approval of the application with conditions
to the Board of Aldermen; or
(iv)
Recommend denial of the application to the Board
of Aldermen.
c.
If the Planning and Zoning Commission fails to act on an application
for a conditional use permit to construct a new wireless support structure,
or for a substantial modification of a wireless support structure,
within its seventy-five (75) calendar day review period, or within
such additional time as may be mutually agreed to by an applicant
and the Director of Public Works, the Planning and Zoning Commission
shall be deemed to have recommended approval of the application to
the Board of Aldermen.
3.
Hearing And Consideration By The Board Of Aldermen. Upon receipt
of a recommendation from the Planning and Zoning Commission, the Board
of Aldermen shall conduct a hearing, on the record, on the application
and it shall:
4.
The conditional use permit under consideration by the Board
of Aldermen shall be in the form of an ordinance. Such ordinance shall
include findings of fact as well as such terms, conditions, safeguards
and restrictions upon the conditional use as deemed necessary by the
Board of Aldermen.
5.
If the Board of Aldermen fails to act on an application for a conditional use permit to construct a new wireless support structure, or for a substantial modification of a wireless support structure, within the one hundred twenty (120) calendar day review period, as it may be extended under this Section 400.140, or within such additional time as may be mutually agreed to by an applicant and the Director of Public Works, the application shall be deemed approved.
D.
Upon any final action being taken by the Board of Aldermen, the Board
of Aldermen shall deliver, by registered mail, to the applicant, a
written decision which shall include or be accompanied by findings
of fact and conclusions of law. The findings of fact shall be stated
separately from the conclusions of law, but shall be delivered at
the same time, and shall include a concise statement of the findings
on which the Board of Aldermen based its decision. The decision shall
be supported by substantial evidence in a written record and, if the
application is denied, it must describe the specific reasons for denial.
E.
Standards For Conditional Use Permit Approval. When deciding whether
to approve or deny a conditional use permit for a wireless support
structure or substantial modification of a wireless support structure,
the Planning and Zoning Commission and the Board of Aldermen shall
consider the following:
1.
The standards set forth in Section 400.130(E) of the Municipal Code;
2.
Whether the application meets the following requirements:
a.
A wireless support structure shall not exceed two hundred (200)
feet in height.
b.
No wireless support structure shall be located within one thousand
five hundred (1,500) feet of another wireless support structure. The
distance shall be calculated from the center of the base of each wireless
support structure.
c.
A wireless support structure shall be located at least two hundred
(200) feet from any residential structure. The distance between a
wireless support structure and the boundaries of the property on which
the wireless support structure lies shall be a distance equal to or
exceeding one hundred ten percent (110%) of the wireless support structure's
height.
d.
No more than three (3) wireless support structures shall be
constructed on any single lot.
e.
All wireless support structures shall be constructed to allow
for collocation by at least three (3) additional providers of wireless
communication services.
f.
The design of the wireless support structure, wireless facilities,
base station, and equipment compound shall maximize the use of building
materials, colors, textures, screening and landscaping that effectively
blend the wireless support structure, wireless facilities, base station,
and equipment compound within the surrounding natural setting and
buildings.
g.
Antennas shall be painted or treated to match the wireless support
structure to which they are attached. Antennas shall not extend higher
than five (5) feet above the wireless support structure unless authorized
in a conditional use permit or by variance.
h.
Photographs or other pictorial representations of the new wireless
support structure, or the substantial modification of a wireless support
structure, as viewed from neighboring properties, shall be considered
when determining if the wireless support structure, or substantial
modification of a wireless support structure, is harmonious with the
appearance and character of the properties surrounding the wireless
support structure.
i.
The Planning and Zoning Commission, or the Board of Aldermen,
may require that the wireless support structure be camouflaged if
a determination is made that camouflaging the wireless support structure
is necessary to preserve the appearance and character of the properties
surrounding the wireless support structure.
j.
The construction, maintenance and operation of such wireless
support structures and equipment compound shall comply with all Federal,
State and City regulations. In addition, the Board of Aldermen may
impose reasonable restrictions and conditions to the issuance of any
such conditional use permit.
3.
Whether denial of the conditional use permit will prohibit or
have the effect of prohibiting the provision of personal wireless
services under 47 U.S.C. § 332(C)(7)(B)(i)(II); and
4.
Any other relevant impact of the proposed use.
F.
Judicial Review. A party aggrieved by the final action of the Board
of Aldermen, either by its affirmatively denying an application under
the provisions of this Section or by its inaction, may bring an action
for review in any court of competent jurisdiction within the State
of Missouri.
G.
Indemnification. An applicant issued any permit under this Section
shall indemnify and hold the City, its officers and employees, harmless
against any damage or personal injury caused by the negligence of
the applicant or its employees, agents or contractors.
H.
Any wireless support structure, wireless facility, base station or
equipment compound that is no longer in use for any wireless communications
service shall be removed at the owner's expense. The owner shall
provide the City with a copy of the notice to the Federal Communications
Commission of intent to cease operations and shall be given ninety
(90) days from the date of ceasing operations to remove the obsolete
wireless support structure, wireless facilities or equipment compound.
