[CC 2001 §17.72.010; Ord. No. Z-1-99 §400.180(A) — (C), 6-8-1999]
A. Subject
to the provisions of this Article, the City Council of the City may,
after public hearing before the City Council and after study and report
by the City Planning and Zoning Commission, authorize the special
uses enumerated in this Chapter in any district as herein qualified
from which the uses are otherwise prohibited based on whether such
building or use will:
1. Substantially increase traffic hazards or congestion;
2. Adversely affect the character of the neighborhood;
3. Substantially increase fire hazards;
4. Adversely affect the general welfare of the community;
5. Overtax public utilities;
6. Be in conflict with the City's Comprehensive Plan.
B. If
the Council's findings should be negative to the above, then the application
may be granted; if affirmative as to any subject, then such permit
shall be denied. In the granting of a special use permit, the City
Council may impose and the Planning and Zoning Commission may recommend
appropriate conditions and safeguards as may be deemed necessary to
ensure compliance with the requirements of the Zoning Code and to
protect adjacent property and conserve property values.
C. Applications for special use permits shall be made and processed in the same manner as provided for zoning amendments in Article
XI "Amendments" of this Chapter.
[CC 2001 §§5.16.010 — 5.16.030, §17.72.020; Ord. No. Z-1-92A §§1
— 3, 11-10-1992; Ord. No. Z-1-99 §400.180(D), 6-8-1999; Ord.
No. 2002-10 §1, 5-14-2002]
A. The
following special uses are authorized providing they comply with all
the regulations set forth in this Article for the district in which
such use is located:
1. All uses for which special use permits are required by other Sections
of this Chapter;
2. Any public building erected and used by any department of the City
of Bonne Terre, St. Francois County, State of Missouri or U.S. Government
in any district;
3. Churches and similar places of worship, fraternal organizations and
other private clubs in "R-1" and "R-2" Districts;
4. Customary home occupations in "R-1", "R-2" and "R-3" Districts;
5. Two-family dwellings in "R-2" Districts;
6. Child or day care centers in "R-4", "R-2", "R-3", "C-1" and "C-2"
Districts are subject to the following provisions:
a. In "R-1", "R-2" and "R-3" Districts, any place, home or institution
which receives six (6) or more children under the age of sixteen (16)
and not of common parentage, for care apart from their natural parents,
legal guardians or custodians, when received for regular periods of
time for compensation; provided however, that this definition shall
not include public or private schools organized, operated or approved
under the laws of this State, custody of children fixed by a court
of competent jurisdiction, children related by blood or marriage within
the third degree of the custodial person or to churches or other religious
or public institutions caring for children within institutional buildings.
The term "child or day care center" shall be deemed to include nursery schools and private kindergartens
or preschool facilities.
b. The center shall meet all City, County and State requirements as
to safety, design, facilities, equipment and other features and shall
be licensed by the Missouri Department of Social Services.
c. The center or dwelling shall be on a lot having not less than the
required lot area for the type of structure for the district in which
it is located and all portions of the lot used for outdoor play space
shall be fenced with appropriate fencing not less than forty-eight
(48) inches in height. Where such is deemed desirable for additional
screening, the City Council may require the installation of solid
or opaque fencing.
d. The center shall be operated in a manner that will not adversely
effect the other properties and uses in the area;
7. Hospital or medical clinic in "R-3" District;
8. Single-family dwellings for mobile home park owners or operators
only in "MH" Districts;
9. Wholesale or distributing establishment or warehouse or wholesale
market in "C-1" Districts;
10. Retail or wholesale merchandising in "I-2" Districts;
11. Wholesale merchandising in "I-3" Districts;
12. Public service facilities in "I-2" and "I-3" Districts;
13. Certain uses in "I-2" Districts as set forth in the regulations for the "I-2" Heavy Industrial Districts, Section
405.170;
14. Replacement of a mobile home according to the provisions of Section
405.330 "General Regulations" Subsection
(H);
15. Extension, enlargement or alteration of a non-conforming use building
by not more than fifty percent (50%) of the cubical contents of the
buildings as of the effective date of this Chapter;
16. Radio or television station or broadcasting tower in any "C" District;
17. Cemetery, crematorium or mausoleum in any "R" or "C" District;
18. Travel trailer park or tourist camp in "C-1" Districts;
19. Roadside stands and recreational or amusement activities, such as
circus or carnival, of a temporary and seasonal nature in "R" and
"C" Districts;
20. The extraction of sand, gravel and other raw materials requiring
the removal of an overburden above the deposit in any "C" or "I-2"
District; provided however, any bulk storage of extracted material
or overburden and any processing or extraction machinery or the open
face of any cut shall be at least five hundred (500) feet from any
residential structure, street or place;
21. Rooming, boarding or lodging houses in "R-3" District;
22. Nursing, rest or convalescent homes in "R-3" District;
23. Parking lots on land in "R" Districts within three hundred (300) feet from the boundary of any "C" or "I" District, provided the standards set forth in Section
405.300 "Schedule Of Parking Spaces" are met;
24. In the "C-1" District, a facility, including buildings, structures
and land, for the residential or outpatient treatment of alcohol and/or
other drug abuse may be located as a special use, if the facility
meets all of the following conditions:
a. If a residential facility, not more than ten (10) persons residing
in the building at one time;
b. The exterior appearance of the treatment facility shall reasonably
conform to the exterior appearance of other dwellings in the vicinity;
c. A treatment facility shall not be located closer than three hundred
(300) feet to any other substance abuse treatment facility.
25. Amusement parlors.
a. Amusement parlor defined. An "amusement
parlor" is defined as any building or establishment with
more than six (6) machines which upon the insertion of money, tokens
or slugs provide music or entertainment.
b. Location restricted. Amusement parlors may be located
only in areas zoned "C-2" commercial or in less restrictive zones
within the City.
c. Special use permit required. No license will be
issued for an amusement parlor, unless and until a special use permit
has been obtained. The procedure for the special use permit shall
be as follows:
(1)
Application to be filed with City Clerk.
(2)
City Clerk refers the application to the Planning and Zoning
Commission.
(3)
The Planning and Zoning Commission will make a recommendation
based on the impact of the proposed use on the immediate surrounding
neighborhood and the City as a whole. Their recommendation is to be
given to the City Council.
(4)
The City Council shall schedule a public hearing to be held
after fifteen (15) days' notice has been published in a newspaper
of local distribution.
(5)
The City Council shall decide whether or not to grant the special
use permit, based on the recommendation of Planning and Zoning Commission
and the public comment at the hearing and whatever other relevant
factors that they deem appropriate for consideration.