[Ord. No. 3140, § 1(Act. 10), 11-14-1989]
In order to provide for uses that require particular consideration in each case because of the nature of the use and its effect on its surroundings or the City, the following procedures are established.
[Ord. No. 3140, § 1(10.01), 11-14-1989; Ord. No. 3271, § 1, 7-13-1993; Ord. No. 3539, § 1, 11-10-1998; Ord. No. 4634, § 7, 3-8-2016; Ord. No. 4764, § 1, 6-27-2017; Ord. No. 4832, § 1, 1-9-2018]
Purpose. Conditional uses are those types of uses which are considered by the City to be essentially desirable, necessary, or convenient to the community, but which by their nature or in their operation have:
A tendency to generate excessive traffic,
A potential for attracting a large number of persons to the area for the use, thus creating noise or other pollutants,
A detrimental effect upon the value or potential development of other properties in the neighborhood, or
An extraordinary potential for accidents or danger to public health or safety.
Procedures. A conditional use permit may be initiated by a verified application of one or more of the owners of record or owners under contract of a lot or tract of land, or their authorized representatives, or by the Planning Commission or by the Board of Aldermen. Procedures for application, review, and approval of a conditional use permit shall be as follows:
Application. Application for a conditional use permit for a specific tract of land shall be addressed to the Planning Commission and shall be filed with the Director of Public Works. The application shall be filed on forms prescribed for that purpose and be accompanied by the following:
Burden of proof. In presenting any application for a conditional use permit, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the following criteria:
The proposed conditional use complies with all applicable provisions of these applicable district regulations.
The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public.
The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.
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 site with respect to streets giving access to it are such that the conditional use will not dominate 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 so dominate the immediate neighborhood, consideration shall be given to:
Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations.
Adequate utility, drainage, and other such necessary facilities have been or will be provided.
The proposed uses are deemed consistent with good planning practice and are not inconsistent with the goals, objectives, and policies of the Comprehensive City Plan; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and 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.
Upon receipt of a completed application, the Director of Public Works shall institute an administrative review of the application and site plan by all affected City departments. The results of this review shall be reported to the Planning Commission for its consideration. The Commission shall consider an application not later than the second regular monthly meeting of the Commission after all required documents are filed. The Commission shall recommend approval with specified conditions or denial of the application and shall file its report and recommendation with the Board of Aldermen.
Before acting upon any application for a conditional use permit, the Board of Aldermen shall hold a hearing thereon, after at least 15 days public notice of such hearing is published in a newspaper of general circulation within the City. The Board of Aldermen may refer the application back to the Commission for additional study before making its final decision. No additional public notice is required to be given for subsequent or continued hearings before the Board of Aldermen. The hearing before the Board of Aldermen shall proceed in the manner provided for contested cases under Missouri law and, specifically, shall comply with the following requirements:
A hearing on an application for a conditional use permit shall be commenced by the City Administrator or his/her designee filing a writing describing the application, the relief sought, and the reasons for granting such relief. The applicant, or any intervening party, may file responsive writings or motions.
The City Clerk shall mail notice of the hearing to the applicant, to all property owners within the City limits whose property lies within 300 feet of that which has been requested for a conditional use permit, and additional necessary parties, if any as determined by the City Clerk, and shall keep a record of all parties receiving notice. The notice shall consist of the caption and number of the case, shall state that an application for a conditional use permit has been filed, the date of filing, a brief statement of the matter, and the date of the hearing on such application.
Discovery shall be permitted to the extent provided by RSMo. 536.063 et seq., and reasonable time shall be provided for the parties to conduct discovery. Subpoenas may be issued in the manner provided by RSMo. 536.077.
At the hearing, the rules of evidence described in RSMo. 536.070 shall apply. Evidence shall be taken only on oath or affirmation and all proceedings shall be recorded electronically or transcribed. A copy of the transcript of such a proceeding shall be made available to any interested person upon the payment of a fee which shall in no case exceed the reasonable cost of preparation and supply.
The City Administrator or his/her designee, or their designees, shall present evidence to the Board of Aldermen on behalf of the City regarding the application. The applicant and any intervening party may be represented by counsel, if desired. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not the subject of the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. Affidavits may be submitted in the manner provided by RSMo. 536.070. The Mayor shall serve as presiding officer at all hearings and shall make any ruling required during the course of such hearing, but shall not vote except in case of a tie.
After the hearing, the Board of Aldermen shall render a decision and direct the City Attorney to prepare a written order which shall be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the Board of Aldermen bases its order. Immediately upon deciding upon an application, the City Clerk shall give written notice of the decision of the Board of Aldermen by delivering or mailing such notice to each party, or his attorney of record, and shall, upon request, furnish him with a copy of the decision, order, and findings of fact and conclusions of law.
With the exception of the requirements that the hearing be recorded or transcribed, and for the issuance of findings of fact and conclusions of law, the City, the applicant, and intervening parties, if any, may waive any or all procedural formalities set forth in subsection (b)(3)b by mutual consent.
Any person who is aggrieved by a final decision regarding an application for a conditional use permit shall be entitled to judicial review thereof, as provided in RSMo. 536.100 to 536.140.
The Board of Aldermen shall not approve any conditional use permit application, or any amendment to an existing conditional use permit, unless the proposed conditional use is consistent with the standards herein, and unless the Board determines that the proposed conditional use will not:
Substantially increase traffic hazards or congestion;
Adversely affect the visual coherence, predominant usage, or development character of surrounding or adjacent neighborhoods;
Substantially increase fire, health or any other public safety hazards, or make difficult access by fire and emergency vehicles;
Adversely affect the general welfare of the community;
Overtax public utilities, services or other municipal facilities;
Be developed and operated in a manner that is physically and/or visually incompatible with the permitted uses in the surrounding areas;
Substantially increase stormwater drainage onto other lots; or
Create a nuisance.
The applicant shall file with the Director of Public Works two copies thereof containing all revisions required as the result of the approval process. Conditional use permits shall be approved by ordinance, with any conditions for approval set forth therein. If the Board of Aldermen does not approve an application for a conditional use permit, the City Attorney shall, after the public hearing has been concluded, prepare written findings of fact and conclusions of law, which shall be submitted to the Board of Aldermen for approval by resolution at a subsequent meeting.
When permit effective. The permit shall become effective upon approval by the Board of Aldermen. In the event that a conditional use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.
Recording. Prior to the issuance of any building permit, or permit authorizing the use of the property in question, the property owner shall record a copy of the approved conditional use permit, including all attached conditions. The approved site plan, legal description of the property, and out-boundary survey, along with any subsequent amendments shall be recorded with the county recorder of deeds.
Time limit of conditional use permits. Conditional use permits shall be valid for an unlimited period subject to the requirements of § 26-303, unless a lesser period shall be provided in a particular permit. Prior to the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the Board of Aldermen, which may extend it for an unlimited period or for a specified additional period of years. If a use permitted by a conditional use permit ceases for a period of six months such conditional use permit shall expire, unless a different period is specified in a particular permit.
Failure to commence construction or operation. Unless otherwise stated in the conditions of a particular conditional use permit, substantial work, construction, or operation of the conditional use where construction is not required, shall commence within six months of the effective date of the permit unless such time period is extended through appeal to and approval by the Board of Aldermen. If no appeal is made, or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the six-month period.
Revocation of conditional use permit. Upon a finding that an approved conditional use permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use or basic changes within the general neighborhood, the Board of Aldermen shall have the authority to revoke the permit after affording the permitter the right to be heard.
Transferability. All conditional use permits shall be approved for the originating applicant for a specific location, and may not be transferred to any other location by that applicant, or be transferred to any other person, unless an amendment to such conditional use permit is approved of the Board of Aldermen as set forth in subsection (b)(10) herein.
Procedure to amend approved conditional use permit. In order to amend an existing conditional use permit, the application procedures, required materials, and approval process shall be the same as for a new permit.
Reapplication. In the event that a conditional use permit is denied by the Board of Aldermen, a reapplication for the purpose of review of the same request on the same property, or part thereof, shall not be accepted by the City until six months following the date of final action on the original application, unless it can be shown to the satisfaction of the Planning and Zoning Commission that substantial new evidence, not available during review of the original application, will be presented.
[Ord. No. 3140, § 1(10.02), 11-14-1989; Ord. No. 3183, § 2, 3-12-1991; Ord. No. 3349, § 2, 5-9-1995; Ord. No. 3378, § 1(t.), 9-22-1995; Ord. No. 3865, § 1, 10-12-2004]
Where applicable. The provisions of this section shall apply only to developments along Watson Road.
Definition. A motor-vehicle-oriented business is any commercial use which, by design, type of operation, and nature of business, has as one of its functions, the provision of goods, merchandise or services to motorists or occupants of motor vehicles in a short time span for each, or the provision of goods, merchandise or services to the occupants of the motor vehicles while they remain in the vehicle. The list of businesses which constitute motor-vehicle-oriented businesses include convenience stores having a gross floor area of more than 1,000 square feet, gasoline service stations having convenience store facilities with a gross floor area of more than 1,000 square feet, drive-in banks, drive-in or drive-through restaurants, drive-in beverage sales, and car wash operations which are not accessory to an allowable use. This enumeration is not intended as an inclusive list of such businesses.
Where permitted. A motor-vehicle-oriented business may only be permitted as a conditional use in the C-1 commercial district or in the PD planned districts as indicated in appendix A of this article. When approved as a conditional use, the MVOB must comply with all applicable requirements of § 26-302 when approved in a PD planned district, the MVOB must comply with all applicable regulations of § 26-168.
Locational requirements. All motor-vehicle-oriented businesses must be a minimum of 100 feet away from any other motor-vehicle-oriented business located on the same side of Watson Road, except that this distance requirement may be waived by the Planning, Zoning and Architectural Review Commission and approval by the Board of Aldermen. Unless waived, this distance shall be computed as follows:
Such distance shall be measured between the two closest property lines.
Where a motor-vehicle-oriented business is a part of a larger development, the 100 feet shall be measured from the limits of the out parcel (if so designated). If an out parcel is not designated, the distance shall be measured from the boundary of an area which would normally be required for the operation of said motor-vehicle-oriented business, as approved by the Director of Public Works.
Where a business is located in a tenant space which is part of the principal structure(s) of a strip shopping center development, and would otherwise be considered a motor-vehicle-oriented business, the provisions of this section shall not apply so long as the proposed business shall not provide drive-through window or drive-in service to persons while in their vehicles.
Site design standards. The following site design standards shall be met for all motor-vehicle-oriented businesses:
Minimum lot area: 20,000 square feet.
Minimum lot frontage: 150 feet (on corners, the frontage requirements shall apply to only one side).
Lot area per pump island for gasoline service stations: Gasoline service stations constituting motor-vehicle-oriented businesses shall be limited to two service islands and three gasoline pumps per island for the minimum size lot. One service bay and three pumps may be added for each 1,000 square feet of site area exceeding the minimum; however, in no case shall more than six service islands be allowed at any gasoline service station nor more than three pumps permitted on each island and no more than three service bays shall be allowed for each such station.
Setbacks. From public streets and property lines shall be as follows:
Front yard. There shall be a front yard having a depth of not less than 30 feet.
Where a lot is located at the intersection of two or more streets, the front yard requirements shall apply to each street, except that the buildable width of the lot shall not be reduced to less than 30 feet in which latter event the Board of Aldermen may waive this requirement to the street which will least affect other property values. No accessory building, service islands, and other service or pick-up facilities shall project beyond the front building setback line.
Side yard. There shall be a side yard on each side of the building of not less than five feet. Side yard requirements shall be 50 feet where abutting any residential district.
Rear yard. There shall be a rear yard having a depth of not less than 25 feet. Rear yard requirements shall be 50 feet where abutting any residential district.
Used oil storage. All used oils and other similar materials and products shall be stored only in underground or inside areas.
The entire area used by vehicles for parking, storage, and service, etc., shall be paved with asphaltic concrete, concrete, or other material approved by the Director of Public Works.
A raised concrete curb shall be placed at the edge of all pavement.
All hydraulic hoists, pits, lubrication, washing, repair, and service not of an emergency nature or unusual short-term minor work shall be conducted entirely within a building.
Ingress and egress.
[Amended 7-24-2018 by Ord. No. 4884]
The minimum width of driveways at the property line shall be 24 feet, and the maximum shall be 36 feet.
The minimum distance of any driveway to any side property line shall be 24 feet. This distance shall be measured from the side property line to the intersection of the street right-of-way and the edge of the driveway.
Driveway openings shall be limited to not more than 36 feet in width and shall be limited to one drive per 100 feet of lot width. If a property owner requires more than one drive per 100 feet of lot width, the property owner shall submit a traffic impact study to the City along with his or her application for site plan approval. The traffic impact study shall conform to the requirements in Chapter 26, Article IV, Division 19, of this Code.
The minimum distance of a driveway into the site from a street intersection shall be 30 feet, measured from the intersection of the street right-of-way to the nearest end of the curb radius of the proposed driveway.
The angle of driveway intersection with the street shall be based upon reasonable criteria for safe traffic movements and shall be approved by the Director of Public Works.
Motor-vehicle-oriented businesses adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
Screening. All motor-vehicle-oriented businesses shall provide for screening and buffer areas in a manner which conforms with the regulations set forth in § 26-166 and Division 7 of this article, relative thereto, and all other applicable ordinances of the City.
Landscaping and open space. The development of the site and building shall comply with all standards and requirements of Division 11 of this article.
Lighting. The development of the site and building(s) shall comply with all standards and requirements of § 26-190.
Parking. All motor-vehicle-oriented businesses shall provide for off-street parking in a manner which conforms with the regulations set forth in Division 7 of this article and all other applicable ordinances of the City.
Signs. All signs on the site shall conform with the applicable regulations.
Storage of merchandise. All merchandise and material for sale and all vending machines shall be displayed within an enclosed building except for the following: Oil for use in motor vehicles may be displayed or sold from an appropriate rack or compartment at the gasoline station pump islands for the convenience of the customer and station attendant.
Storage of flammable materials. Flammable materials used in the conduct of motor-vehicle-oriented businesses, when stored above ground, shall be stored within the building setback lines. All storage of flammable materials shall be subject to the approval of the City Fire Marshal.
Other conditions. The Planning Commission may recommend, and the Board of Aldermen may require, provisions for other conditions which will tend to eliminate or reduce public nuisances caused by noise, heat, odors, smoke, dust, vibration, glare, flooding, and traffic congestion and promote the purpose of this article.
Building and structures compatibility. All proposed motor-vehicle-oriented businesses' buildings and structures shall be designed and planned to take advantage of and be compatible with natural features of the site and area, and shall not be in conflict with the character of existing structures in areas where a definite pattern or style has been established.
Vacant motor-vehicle-oriented businesses' buildings. When a motor-vehicle-oriented businesses' building becomes vacant for a period exceeding one year, the property owner shall be required to remove or treat in a safe manner approved by the Director of Public Works all flammable materials, storage tanks or storage areas.
Termination or lapse of conditional use permit.
When a motor-vehicle-oriented businesses' conditional use permit is authorized by the Board of Aldermen, the continuation of such use shall be dependent upon the conditions established under the permit and this section; and in the event of a change of conditions or noncompliance with conditions, the Board of Aldermen shall have the authority to revoke the special use permit after affording the permittee the right to be heard.
When a motor-vehicle-oriented businesses' building becomes vacant and its special use permit not utilized for a period of one year, the permit shall lapse.
Nonconforming motor-vehicle-oriented businesses. Existing motor-vehicle-oriented businesses which do not comply with the regulations and conditions of this article shall be considered to be nonconforming and allowed to continue; however, all nonconforming motor-vehicle-oriented businesses shall comply with the following requirements within one year after written notification by the Director of Public Works of items which must be corrected.
Whenever a motor-vehicle-oriented business is located adjacent to a residential district or residential use on the ground floor, appropriate screening, as provided for in subsection (j) of this section, shall be installed.
All exterior lighting shall conform to the lighting requirements in subsection (k) of this section.
All trash storage areas shall provide suitable storage of trash with areas which are so designed and constructed as to allow no view of the trash storage from the street, to prevent waste from blowing around the site or onto adjacent properties or public rights-of-way, and to permit safe, easy removal of trash by truck or hand.
All storage of merchandise for sale, including vending machines, shall be made to conform with the requirements of subsection (n) of this section.
Rental vehicles. When the rental of equipment, automobiles, trucks, and trailers, is to be conducted on a motor-vehicle-oriented business site, additional land area and paved area shall be provided in addition to the driveway, parking area, and landscape areas required by this section for a normal motor-vehicle-oriented business operation. An additional 1,000 square feet of site area shall be provided for each five rental units. No parking of rental units shall be permitted on landscaped areas or driveways.
Underground utilities. All utility lines on the site shall be installed underground.