[Ord. No. 20-21, 12-16-2020; Ord. No. 23-07, 5-17-2023]
A.
Generally.
1.
The purpose of conditional use permits is to provide the City
with a procedure for determining the appropriateness of a proposed
use not authorized as a matter of right by the regulations of the
district in which the use is proposed to be located. The appropriateness
of the use shall be determined in consideration of surrounding uses,
activities, and conditions of the site and of surrounding areas. Based
upon this determination, the City may decide to approve, reject, or
approve conditionally the use for which the conditional use permit
is sought.
2.
The Board of Aldermen may authorize by ordinance, under prescribed
conditions, the construction or undertaking of any conditional use
that is expressly permitted as a conditional use in a particular zoning
district; however, the City reserves full authority to deny any request
for a conditional use permit, to impose conditions on the use, or
to revoke approval at any time, upon a finding that the permitted
conditional use will or has become unsuitable and incompatible in
its location as a result of any nuisance or activity generated by
the use.
3.
An application for a conditional use permit may be filed by
the owner of the subject property or any person with a financial,
contractual, or proprietary interest in the subject property who also
submits the owner's consent to the application.
B.
Standards. The Board of Aldermen shall not approve a conditional
use unless it finds that the application and evidence presented clearly
indicate that the proposed conditional use:
1.
Complies with all other applicable environmental performance standards, design and development standards of Section 405.120, the criteria in Section 500.140, and the standards of this Land Use Code (Title IV) regarding yard and setback, parking and loading requirements, screening and buffering, refuse, storage and service areas, and signs.
2.
Will contribute to and promote the community welfare and convenience
at the specific location.
3.
Will not cause substantial injury to the value of neighboring
property.
4.
Meets the applicable provisions of the City's Comprehensive
Plan and complies with other applicable zoning district regulations
and provisions of this Chapter, unless good cause exists for deviation
there from.
5.
Will provide, if applicable, erosion control and on-site stormwater
detention in accordance with the standards contained in this Chapter.
6.
Will be compatible with the surrounding area and thus will not
impose an excessive burden or have a substantial negative impact on
surrounding or adjacent users or on community facilities or services.
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In approving a conditional use permit application, the Board of Aldermen may impose conditions and restrictions as necessary to assure that the standards of this Section are complied with, and the general intent of this Chapter is carried out. Exercise of the rights granted pursuant to the issued permit shall constitute acceptance of all conditions and restrictions imposed by the Board of Aldermen. Any future enlargement or alteration in the use of the structure or site must be approved by the Board of Aldermen upon receipt of the recommendation of the Planning and Zoning Commission as an amendment to the conditional use permit before a building permit for the enlargement or alteration may be issued. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter punishable as provided in Section 400.510 of this Chapter.
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Nothing herein shall be construed to require the City to issue
a conditional use permit; the Board of Aldermen reserves full authority
to deny any request for a conditional use permit.
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C.
Conditional Uses. The Board of Aldermen may, after public hearing
and recommendation of the Planning and Zoning Commission, by conditional
use permit authorize the location of any of the following buildings
or uses in the zoning districts specified in this Section:
1.
Any public building not owned or operated by the City of Twin
Oaks located in any zoning district.
2.
Community building or recreation field not owned or operated
by the City of Twin Oaks located in any zoning district.
3.
Nurseries and greenhouses in any zoning district; provided that
all principal buildings and accessory buildings shall not be located
less than one hundred (100) feet from a lot line.
4.
Comprehensive marijuana dispensary facility and medical marijuana dispensaries, where the operation meets the spacing requirements of Section 400.295 and meets the standards contained in Section 400.420(B).
5.
Uses listed as "conditional uses" in the underlying zoning district.
D.
Mandatory Conditions for Comprehensive Marijuana Dispensary Facility
and Medical Marijuana Dispensaries (hereinafter "Dispensary" or "Dispensaries").
Any grant of a conditional use permit under this section for a dispensary
shall include the following conditions for approval:
1.
State License Required. All dispensaries must have the appropriate
license and any other required authorization to operate the dispensary
from the Department to operate in the City. Applicant may seek zoning
approval prior to being granted a State license, but no final approval
shall be given until such State-issued license has been obtained and
satisfactory proof of such licensure has been provided to the City.
Continued operation in the City shall always require such licensure
to remain valid.
2.
Outdoor Operations Or Storage. No outdoor operations or storage
of materials, products, or equipment shall be allowed.
3.
Odor Control And Nuisance. Every dispensary shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 215, Nuisances, of the City Code.
4.
On-Site Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed or administered on the premises of any dispensary
facility.
5.
Hours Of Operation. All sales or distribution of medical marijuana
and any other products sold to the public through a dispensary shall
take place between the hours of 9:00 A.M. and 9:00 P.M. Monday to
Friday, from 9:00 A.M. and 6:00 P.M. Saturday, and from 10:00 A.M.
and 6:00 P.M. Sunday.
6.
Security. Dispensaries shall be secured and closed to the public
after the hours listed in this Subsection and no persons not employed
by a dispensary may be present in such facility at any time closed
to the public. Dispensaries shall have and maintain security systems,
equipment, and procedures at least as stringent as those which are
required by State regulations.
7.
Display Of Licenses Required. The dispensary facility license
issued by the Department and any and all licenses issued by the City
of Twin Oaks shall be displayed in a prominent place in plain view
near the front entrance of the facility as required by State regulations.
9.
Additional Requirements. A dispensary shall comply with all generally applicable provisions of the Zoning Code of the City of Twin Oaks, all provisions of Article XIV of the Missouri Constitution as well as any and all rules and regulations promulgated by the Department regulating marijuana, including, but not limited to, security requirements, lighting, parking, record maintenance and retention and patient verification requirements.
10.
Visibility. Marijuana product or marijuana accessories may not
be visible from a public place outside of the Facility without the
use of binoculars, aircraft, or other optical aids.
11.
Signage. Signage shall be in accordance with Chapter 410. To the extent allowed by law, outdoor signage shall be in compliance with the rules and regulations of the Department, including that the signs or advertising may not display any text other than the facility's business name or trade name, address, phone number, website, or directional signage.
12.
Drive-Throughs. Dispensary facilities must follow all requirements found in Section 400.340(B)(1)(e) and all motor vehicle oriented businesses and obtain additional approval to utilize a drive-through. As part of the conditional use process, the Board of Aldermen may require additional queuing or other conditions related to the drive-through to ensure the public safety is protected and the surrounding properties are not negatively affected.
[Ord. No. 20-21, 12-16-2020]
A.
Applications for a conditional use permit shall be made to the Board
of Aldermen on forms provided by the City together with a site development
plan and descriptive material sufficient to describe the intensity
and extent of the proposed conditional use. Within thirty (30) days
of receipt of an application for conditional use permit, the Code
Enforcement Official shall determine the sufficiency of the site development
plan and descriptive material and, if determined to be insufficient,
the Code Enforcement Official shall provide written guidance to the
applicant identifying materials and information necessary to render
the application sufficient for review.
B.
Upon the filing of a complete application for conditional use permit
with the Board of Aldermen, the City Clerk, after providing copies
of the application to the Board of Aldermen, shall refer the application
and support documentation to the Planning and Zoning Commission for
review, study and report with specific reference to resulting traffic
hazards or congestion, fire hazards, effect on the character of the
neighborhood, effect on the general welfare of the community and impact
on public utility facilities. The Planning and Zoning Commission shall
review the application and shall report to the Board of Aldermen the
Planning and Zoning Commission's recommendations for approval, disapproval
or modification of the proposed conditional use and site development
plan.
C.
Upon receipt of the recommendation of the Planning and Zoning Commission,
or if no recommendation is received, upon the expiration of the sixty-day
review period, the Board of Aldermen shall schedule and conduct a
public hearing on the proposed conditional use and site development
plan after having given notice of time, place and purpose of the hearing
by publication at least once in a newspaper of general circulation
within the City which publication shall appear at least fifteen (15)
days prior to the date of the hearing. The Board of Aldermen may continue
the hearing from time to time without further publication upon designation
at the hearing of the time and place of the continuation and notation
of such continuation in the minutes of the Board of Aldermen.
D.
Upon conclusion of the hearing, the Board of Aldermen shall determine
whether the proposed conditional use and site development plan will:
substantially increase traffic hazards or congestion; substantially
increase fire hazard; adversely affect the character of the neighborhood;
adversely affect the general welfare of the community; overtax or
adversely impact public utilities. If the findings of the Board of
Aldermen are negative as to all of the above subjects, the Board of
Aldermen shall approve by ordinance the conditional use permit together
with such site, use and operational conditions as may be imposed and
specified. If the findings of the Board of Aldermen are affirmative
as to any of the above subjects, the Board of Aldermen shall disapprove
the conditional use.
E.
Proposed construction or development of a conditional use approved
pursuant to this Section shall commence within one (1) year of the
date of approval by the Board of Aldermen of the conditional use and
site development plan or the approval shall lapse and be void.
F.
Any approved conditional use shall continue to be used and operated
in accordance with any conditions imposed at the time of approval,
provided that the holder of a conditional use permit may apply for
modifications of the conditions in accordance with the procedures
provided for an original conditional use permit application.
