[Ord. No. 2480, 5-8-2023]
A. Delegation Of Power. The Governing Body is hereby authorized to decide
whether special use permits shall be granted subject to the general
and specific standards contained in the Chapter; to grant special
use permits with such conditions or restrictions as are appropriate
to protect the public interest and to secure compliance with this
Chapter; and to deny requests which fail to satisfy the standards
and requirements contained herein and which are not in harmony with
the purposes and interest of this Chapter and the health, safety,
and welfare of the community. The Governing Body shall decide whether
special use permits shall be granted only after having received a
recommendation from the Planning Commission. In no event shall a special
use permit be granted where the proposed use is not authorized by
the terms of this Chapter, or where the standards of this Article
are not found to exist.
B. Conditions And Guarantees. Prior to the granting of any special use
permit, the Planning Commission or Governing Body may stipulate such
conditions and restrictions upon the establishment, location, construction,
maintenance and operation of the special permit use as is deemed necessary
for the protection of the public interest and to secure compliance
with the standards and conditions contained herein. In all cases in
which a special use permit is granted, the Planning Commission may
recommend or Governing Body may require such evidence and guarantees
as may be deemed necessary to insure that the conditions stipulated
are being, and will be, fully complied with.
[Ord. No. 2480, 5-8-2023]
A. Application. A written application for a special use permit shall
be filed with the Zoning Administrator and shall include a statement
indicating the Section of the Chapter under which the permit is sought,
the grounds upon which it is requested, and sufficient evidence to
show that the use will conform to the standards set forth. The application
shall be accompanied by an area map and site plan of the subject property.
B. Fees. Every application for a special use permit shall be subject
to a filing fee of fifty dollars ($50.00).
C. Site Plan. All applicants for a special use permit shall submit with
their application ten (10) copies of a development plan for the property
which shall include the following:
1.
A site plan showing:
a.
Approximate size and locations of all buildings.
c.
Parking arrangements and numbers of spaces.
d.
Interior drives and service areas.
2.
Location map showing development and zoning of adjacent property
within one hundred (100) feet.
3.
The full legal description of the boundaries of said development
area.
4.
A description of the general character of all buildings.
D. Hearing. Upon receipt of the formal application and all accompanying
material, the Zoning Administrator shall call a public hearing for
the next scheduled meeting of the Planning Commission; provided, however,
that notice must be published in a newspaper of general circulation
at least fifteen (15) days prior to the date set for hearing. The
Planning Commission shall submit a recommendation to their Governing
Body within thirty (30) days after the close of the public hearing.
E. Findings. In making a recommendation to the Governing Body, the Planning
Commission shall specify the particular grounds relied upon and their
relation to the proposed use and shall make affirmative findings that
the proposed use conforms with the general standards set forth in
this Article. In no case shall an exception be granted if the proposed
use will constitute a nuisance or a public health or safety hazard
to adjacent properties or to the community at large.
F. Action By Governing Body. The Governing Body shall consider the Planning
Commission's recommendation at the next regularly scheduled Governing
Body meeting for which the agenda item can be docketed. The Governing
Body may adopt or may revise or amend and adopt such recommendation
by resolution. If the Governing Body fails to act upon a recommendation
within one hundred twenty (120) days from the receipt thereof, the
application shall be deemed to have been denied.
[Ord. No. 2480, 5-8-2023]
A. Before any permit shall be granted, the Planning Commission shall
make written findings certifying that adequate provision has been
made for the following:
1.
The location and size of the proposed use in relation to the
site and to adjacent sites and uses of property, and the nature and
intensity of operations proposed thereon.
2.
Accessibility of the property to police, fire, refuse collection
and other municipal services; adequacy of ingress and egress to and
within the site; traffic flow and control; and the adequacy of off-street
parking and loading areas.
3.
Utilities and services, including water, sewer, drainage, gas,
and electricity, with particular reference to location, availability,
capacity and compatibility.
4.
The location, nature, and height of buildings, walls, fences,
and other improvements; their relation to adjacent property and uses;
and the need for buffering or screening.
5.
The adequacy of required yard and open space requirements and
sign provisions.
6.
The general compatibility with adjacent properties, other properties
in the district, and the general safety, health, comfort and general
welfare of the community.
[Ord. No. 2480, 5-8-2023]
A. In granting a special use, the City may impose such conditions, safeguards
and restrictions upon the premises to reduce or minimize any potential
injurious effect of such special uses upon other property in the neighborhood,
and to carry out the general purpose and intent of these Regulations.
The following additional conditions shall be requirements for the
approval of the following special uses:
1.
Day care homes shall obtain a special use permit for the care
of more than six (6) children in zoning districts permitting residents,
provided that:
a.
One (1) off-street parking space is provided for each non-resident
or non-family member employee, in addition to the two (2) spaces per
single-family or duplex unit required. The residential driveway is
acceptable for this purpose.
b.
If located on an arterial or collector street, an off-street
drop-off/pick-up area must be provided.
c.
The requirements for accessory uses for the proposed day care
home are met.
2.
Residential or out-patient facilities for the treatment of alcohol
or other drug abuse may be permitted as a special use in commercial
districts, provided that:
a.
State certification requirements of the Division of Alcohol
and Drug Abuse of the Department of Mental Health shall be met.
b.
The facility shall be subject to all building regulatory codes,
subdivision regulations and other non-discriminatory regulations.
c.
The design of the facility shall be generally compatible with
other physical structures in the surrounding neighborhood, and the
applicant shall submit site plans to the Planning Board for review
and approval.
d.
The facility shall be located no closer than one thousand (1,000)
feet from another such facility, and no closer than three hundred
(300) feet from any residentially zoned district, unless the Governing
Body approves a closer location by a majority vote of the full body.
3.
Salvage yards shall be subject to the following additional requirements:
a.
The salvage yard shall be located on no less than ten (10) acres
of land and at least one thousand three hundred twenty (1,320) feet
from a residential district or farmstead.
b.
The salvage yard shall be screened by natural objects, plantings,
fences, or other appropriate means so as to not be visible from the
main travelled way of the street, or a highway on the interstate or
the primary system, or any other State, County, or Township highway,
street or road, or a City street, or from adjoining property.
c.
No junk salvaged materials shall be loaded, unloaded or stored,
either temporarily or permanently, outside the enclosed building,
fence or wall, or within public right-of-way.
d.
Burning of paper, trash, junk or other waste materials shall
be permitted only after approval of the Fire Department, except when
prohibited by the State Department of Health. Burning, when permitted,
shall be done only during daylight hours.
e.
Prior to obtaining a building permit for any new building, the
applicant shall prepare a site plan and submit it with the permit
application for review and approval by the Zoning Officer. The site
plan shall address the additional requirements for salvage yard permit
applications.
[Ord. No. 2480, 5-8-2023]
A. Sunset. A special use permit shall expire, upon public hearing, unless
a building permit is taken within twelve (12) months to effectuate
such specially permitted use; or if no building permit is required,
evidence of use is filed with the Zoning Administrator.
B. Abandonment. Once a specially permitted use ceases or is abandoned
for a period of more than twelve (12) months, the special use permit
shall expire upon public hearing; except that the special use permit
for an auto salvage yard shall automatically expire if the State license
for operating the auto salvage yard lapses for a period of time more
than six (6) months.
[Ord. No. 2480, 5-8-2023]
A. The establishment, location and use of manufactured homes as residences
shall be permitted in the allowable districts as outlined on the Zoning
Map for Plattsburg, Missouri, subject to a special use permit to assure
that such homes shall meet the following requirements and limitations.
1.
The home shall meet all the requirements applicable to single-family
site-built dwellings and possess all necessary improvement, location
and building and occupancy permits and other certificates as required
by code.
2.
The manufactured home shall have a minimum of seven hundred
twenty (720) square feet excluding hitch. Two (2) structures may not
be joined together to meet the square footage requirement, nor may
add-on or lean-to type structures be joined to a manufactured home
for that purpose.
3.
The home shall be attached and anchored to a permanent foundation
in conformance with the regulations of the Missouri Public Service
Commission and the Zoning and Planning Board of Plattsburg, Missouri.
4.
Skirting shall be installed within thirty (30) days of occupancy
unless a permanent perimeter enclosure has been installed.
5.
Manufactured homes shall be placed only within a recognized
manufactured home park or in permitted areas as designated on the
Zoning Map.
6.
Manufactured homes may be inspected by the Zoning Administrator
to assure that the unit is habitable. Any manufactured home found
to be un-inhabitable shall not be allowed within the incorporated
City limits of Plattsburg, Missouri.
B. Structural Additions Or Alterations. Any structural alteration or
modification of a manufactured home after it is placed on the site
shall comply with the same regulations applicable to any other dwelling.