[Ord. No. 7249 §1, 2-13-2006; Ord. No. 9003, 9-9-2024]
A. 
In this Zoning Ordinance, the City has set forth Districts within which the use of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses 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 Special Uses. A Special Use is not the automatic right of any applicant.
B. 
The City of Florissant reserves the full discretion to deny any such application which is detrimental to the health, safety, morals and general welfare of the inhabitants of the City or areas adjacent to the City. The City Council reserves the full discretion to revoke a Special Use Permit upon a finding that an established Special Use Permit usage has become unsuitable and incompatible with its surroundings based upon deviations in the use from the original proposal or that the conditions and terms set out in the Special Use Permit are not being observed.
[Ord. No. 7249 §1, 2-13-2006; Ord. No. 9003, 9-9-2024]
The City Council may, by Special Use Permit, after public hearing and notice as provided in this Article and subject to such protective restrictions that the Council may deem necessary, authorize the location, extension or structural alteration of any of the buildings or uses under the Special Use Sections of each Zoning District of the Florissant Zoning Code.
[Ord. No. 7249 §1, 2-13-2006; Ord. No. 9003, 9-9-2024]
A. 
Application for Special Use Permit under the provisions of this Section shall be signed by applicant and presented to the Building Commissioner in duplicate. Upon receipt of such request the Building Commissioner shall stamp the date of such receipt upon the original and duplicate and shall transmit the duplicate copy of said request to the Commission of the City, which Commission shall make a report to the City Council within thirty (30) days of said date regarding the effect of such proposed building or use upon the character of the neighborhood, the traffic conditions, public utility facilities and other matters pertaining to the public safety or general welfare of the residents of the City of Florissant. No action shall be taken upon any application for a Special Use Permit to erect a building or for use of land until and unless the report of the Commission has been filed with the City Clerk. Provided, however, that if no report is received from the Commission within thirty (30) days from receipt of the application for such permit by the Building Commissioner, then the City Council may proceed with its action upon the application or such action may be tabled or postponed for an additional period not exceeding thirty (30) days, in which case the Commission shall be notified of such postponement.
B. 
The City Council shall not grant any Special Use Permit, as provided in this Article, unless a public hearing shall be held and at least fifteen (15) days' notice of such public hearing shall have been published in a legal newspaper of general circulation within the City of Florissant giving the time, place and purpose of such hearing. All public hearings shall be at the request of the petitioning party, which said request shall be made of the City Clerk within sixty (60) days of the final action of the Planning and Zoning Commission. Any request for public hearing not submitted within sixty (60) days of the Planning and Zoning Commission action shall be deemed to have been abandoned.
C. 
If, after a presentation to the Commission, a petition for Special Use Permit is disapproved by said Commission, said Commission shall not reconsider a presentation concerning the same tract of land and for the same use within six (6) months following the date of the aforesaid disapproval, unless all seven (7) members or two-thirds (2/3) of all members of the Commission, present or otherwise, whichever is the largest number, at a regular meeting approve such request for reconsideration.
D. 
If, after a public hearing by the City Council as herein prescribed, a petition for Special Use Permit is rejected or disapproved, no public hearing may be granted to consider a petition concerning the same tract of land and for the same use for six (6) months following the date of the aforesaid rejection or disapproval unless at least seven (7) members or two-thirds (2/3) of all members of the City Council, present or otherwise, whichever is the largest number, shall approve such request for the public hearing.
E. 
Once a Special Use Permit is granted, unless otherwise set forth in the Special Use Permit, the applicant shall commence work within ninety (90) days and work shall be completed, with occupancy permits issued, within one hundred eighty (180) days or the Special Use Permit shall automatically terminate. Upon request of the applicant, the City Council may extend the Special Use Permit to allow for the completion of work and obtaining of occupancy permits or may refer the matter to the Planning and Zoning Commission for review.
F. 
A Special Use Permit granted by the City Council will cease to exist if for any reason the use is discontinued for more than one hundred and eighty (180) days.
G. 
A Special Use Permit may be revoked by the City Council for good cause shown after notice and a hearing is given to the permittee. A hearing for revocation shall take place at the written request of the Public Works Director, Chief of Police, or their designee. In such cases the City Clerk shall give not less than ten (10) days' written notice specifying grounds for the revocation thereof and the time, date and place of the hearing. Notice may be accomplished by personal delivery, U.S. Mail or by posting on the permitted premises. The permittee may be represented by counsel in such hearing. Testimony of witnesses and other evidence pertinent to the inquiry may be taken in such hearings. The City Council shall issue a decision regarding the proposed revocation of the Special Use Permit within twenty-one (21) days of such hearing. A permittee aggrieved by a decision of the City Council may appeal such decision to the Circuit Court as provided in the Missouri Administrative Procedures Act, Chapter 536, RSMo., provided such appeal is filed within ten (10) days of the date of the City Council's decision. The City Council may delay the implementation of its order pending appeal.
H. 
The City Council may authorize the transfer of a Special Use Permit granted pursuant to the terms of this Section under the following procedures:
1. 
The applicant for transfer of a Special Use Permit shall file with the City Clerk the application form identical to the form used to apply for a new Special Use Permit except that the said form shall be clearly marked as a transfer.
2. 
The application shall clearly state that the applicant will operate the business in the same manner and under the same conditions and terms as were set out in the original ordinance granting the Special Use Permit or any amendments thereto, except for any proposed change in sign face of an authorized sign.
3. 
The Council shall, by motion duly passed, agree to consider the application for transfer and shall authorize the petitioner thereby to present the petition for transfer.
4. 
At the close of the presentation for transfer the Council, by motion, shall either refer the matter to the Planning and Zoning Commission for full review or direct that an ordinance be placed on the next agenda authorizing by ordinance the transfer of the Special Use Permit.