Arnold City Zoning Code
SECTION 405
080 Conditional Uses.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.
It is hereby declared that certain land uses and developments present unique problems with respect to their proper location, relationship to other land uses and uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety, and general welfare. The following procedure is to govern the establishment of such developments and uses:
1.
The Planning Commission shall file a report with the Council in which said Commission shall grant, conditionally grant, or deny an application for a conditional use permit and state those reasons therefore. The Planning Commission, after public hearing, may permit those developments and uses where such developments and uses have met the below criteria:
a.
Consistent with good planning practice;
b.
Can be operated in a manner that is not detrimental to the permitted developments and uses in the district;
c.
Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area;
d.
Deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of Arnold.
In approving such conditional uses, the Planning Commission shall impose such conditions as it determines necessary to satisfy the criteria established in this paragraph. |
2.
Unless otherwise stated, substantial work or construction under a conditional use permit must be commenced within one (1) year, or the permit shall terminate. Conditional use permits shall be for an unlimited period unless a lesser period shall be provided in a particular permit. Upon 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 Planning Commission which body may extend it for an unlimited period or for an additional period of time. This review and extension may take place without a public hearing and forwarding to City Council.
3.
The granting of a conditional use permit may be initiated by a resolution of intention by the Planning Commission or the Council or by a verified application of one (1) or more of the owners or authorized representative of the owners of the property proposed to be changed.
Upon denial by the Planning Commission of an application for a conditional use permit, the Commission shall notify the applicant of the denial. If no appeal is taken from said denial and if the Council does not exercise its power of review, no subsequent application for a like use with reference to the same property or part thereof shall be filed by any applicant, whether the same person or persons, firm or corporation, until the expiration of twelve (12) months after the denial. No provision herein shall be construed to prevent the Planning Commission or Council from initiating the procedure provided in this Section by a resolution of intention at any time.
4.
Application For Conditional Use Permits, Forms And Contents.
a.
Applications for conditional use permits shall be addressed to the Arnold Planning Commission and filed in its office upon forms prescribed for that purpose by the Planning Commission and accompanied by the following:
(1)
A preliminary development plan and other information in such detail including, but not limited to, the following:
(a)
Preliminary site plans showing proposed uses and structures.
(b)
Existing and proposed contours at intervals of two (2) feet or less referred to mean sea level.
(c)
A landscaping plan, which shall include location of all existing tree masses and isolated trees having a trunk diameter of six (6) inches or more, and all other proposed landscaping.
(d)
Two (2) cross section profiles through the site showing preliminary building form, existing natural and proposed final grade.
(e)
The proposed ingress and egress to the site including adjacent streets.
(f)
A preliminary plan for provision of sanitation and drainage facilities.
(g)
Other information as prescribed by the City of Arnold.
b.
Names and mailing address, on mailing labels, of adjacent property owners within one hundred eighty-five (185) feet of the property in question.
c.
Each application shall be verified by at least one (1) of the owners or authorized representatives of the owners of the property to be changed attesting to the truth and correctness of all facts and information presented with the application.
5.
Hearing Date, Public Notice. Upon the filing with the Planning Commission of such application, or upon the adoption of a resolution of intention by the Planning Commission, or the Council, the matter shall be set for public hearing before the Planning Commission within sixty (60) days, with the same publication and posting of public notice as is required in Section 405.260 for the change of zoning, except that posted public notice signs shall indicate that the public hearing is for a conditional use permit and the public hearing is for the Planning Commission, not the City Council.
6.
Protests, Appeal, Or Council Review.
a.
Protest Before The Planning Commission Action. In case of a written protest against any proposed conditional use permit signed and acknowledged by the owners of thirty percent (30%) by area (exclusive of streets and alleys) of the property within one hundred eighty-five (185) feet of the property in question filed with the City Clerk and verified, such conditional use permit may not be passed except by the affirmative vote of two-thirds (2/3) of the members of the Planning Commission present. The conditional use permit shall proceed as prescribed above to the City Council.
b.
Appeal Of Planning Commission Action. Upon the denial of an application for a conditional use permit by the Planning Commission, the applicant may file an appeal with the Council requesting a determination from that body. A notice of appeal shall be filed within seven (7) days after the Planning Commission's action. Notice of appeal to the Council shall be in writing and shall be filed with the City Clerk. The appeal shall set forth specifically wherein the conditional use permit sought is:
(1)
Consistent with good planning practice;
(2)
Can be operated in a manner that is not detrimental to the permitted developments and uses in the district;
(3)
Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and
(4)
Is essential or desirable to preserve and to promote the public health, safety, and general welfare of the City.
The City Council will set the matter for a public hearing, review the report of the Planning Commission, and review the appeal. The City Council may uphold the Planning Commission denial or overturn the denial based on the above criteria. |
c.
Protest Of Planning Commission Action. Owners of thirty percent (30%) by area (exclusive of streets and alleys) of the property within one hundred eighty-five (185) feet of the property in question may file a protest with the Council against the approval by the Planning Commission of a conditional use permit within seven (7) days after the Planning Commission's action. Such protest to the Council shall be in writing and shall be filed with the City Clerk for verification. The protest shall specifically set forth why the conditional use permit sought is:
(1)
Not consistent with good general planning practice or good site planning, or
(2)
That the proposal cannot be operated in a manner that is not detrimental to the permitted developments and uses in the district, or
(3)
That the proposed development is not visually compatible with the permitted uses in the surrounding area and wherein the proposed development is not consistent with the general welfare of the City, or
(4)
The use is not essential or desirable to preserve and to promote the public health, safety, and general welfare of the City.
The City Council will set the matter for a public hearing, review the report of the Planning Commission, and review the protest. The City Council may uphold the Planning Commission decision or overturn the decision based on the below criteria. |
(a)
Consistent with good planning practice;
(b)
Can be operated in a manner that is not detrimental to the permitted developments and uses in the district;
(c)
Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area;
(d)
Deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City.
d.
City Council Review Of Planning Commission Action. In the event the Council determines to exercise its power of review, the Council shall set the matter for a public hearing and review the report of the Planning Commission. The City Council may uphold the Planning Commission decision or overturn the decision based on the below criteria.
(1)
Consistent with good planning practice;
(2)
Can be operated in a manner that is not detrimental to the permitted developments and uses in the district;
(3)
Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area;
(4)
Deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City.
7.
Amendment Of Conditions. Whenever after the granting of a conditional use permit, the public necessity, convenience, general welfare and good zoning practice require, the Planning Commission may, upon request of the grantee, allow modification in the conditions of said conditional use permit subject to the same provisions set forth in Subsections (A)(4) and (5) of this Section.
A previously granted conditional use will transfer to a new owner and run with the land. However, if the conditional use has not been active for nine (9) months or if there is not substantial compliance with the conditions ascribed or if there is not substantial compliance with the codes/regulations of the City, the City shall revoke the conditional use permit. Such a revocation would be based upon evidence and would follow notice to the permit holder as outlined in Section 405.230, Administrative Enforcement, Violations and Penalties. The permit holder may appeal an administrative decision to revoke as provided in Section 405.240, Board of Adjustment.