Bonne Terre City Zoning Code
ARTICLE VI
Special Use Regulations
Section 405.340 Special Use Application - Authority to Authorize.
[CC 2001 §17.72.010; Ord. No. Z-1-99 §400.180(A) — (C), 6-8-1999]
A.
Subject to the provisions of this Article, the City Council of the City may, after public hearing before the City Council and after study and report by the City Planning and Zoning Commission, authorize the special uses enumerated in this Chapter in any district as herein qualified from which the uses are otherwise prohibited based on whether such building or use will:
B.
If the Council's findings should be negative to the above, then the application may be granted; if affirmative as to any subject, then such permit shall be denied. In the granting of a special use permit, the City Council may impose and the Planning and Zoning Commission may recommend appropriate conditions and safeguards as may be deemed necessary to ensure compliance with the requirements of the Zoning Code and to protect adjacent property and conserve property values.
Section 405.350 Special Uses Designated.
[CC 2001 §§5.16.010 — 5.16.030, §17.72.020; Ord. No. Z-1-92A §§1 — 3, 11-10-1992; Ord. No. Z-1-99 §400.180(D), 6-8-1999; Ord. No. 2002-10 §1, 5-14-2002]
A.
The following special uses are authorized providing they comply with all the regulations set forth in this Article for the district in which such use is located:
1.
All uses for which special use permits are required by other Sections of this Chapter;
2.
Any public building erected and used by any department of the City of Bonne Terre, St. Francois County, State of Missouri or U.S. Government in any district;
3.
Churches and similar places of worship, fraternal organizations and other private clubs in "R-1" and "R-2" Districts;
4.
Customary home occupations in "R-1", "R-2" and "R-3" Districts;
5.
Two-family dwellings in "R-2" Districts;
6.
Child or day care centers in "R-4", "R-2", "R-3", "C-1" and "C-2" Districts are subject to the following provisions:
a.
In "R-1", "R-2" and "R-3" Districts, any place, home or institution which receives six (6) or more children under the age of sixteen (16) and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided however, that this definition shall not include public or private schools organized, operated or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree of the custodial person or to churches or other religious or public institutions caring for children within institutional buildings. The term "child or day care center" shall be deemed to include nursery schools and private kindergartens or preschool facilities.
b.
The center shall meet all City, County and State requirements as to safety, design, facilities, equipment and other features and shall be licensed by the Missouri Department of Social Services.
c.
The center or dwelling shall be on a lot having not less than the required lot area for the type of structure for the district in which it is located and all portions of the lot used for outdoor play space shall be fenced with appropriate fencing not less than forty-eight (48) inches in height. Where such is deemed desirable for additional screening, the City Council may require the installation of solid or opaque fencing.
d.
The center shall be operated in a manner that will not adversely effect the other properties and uses in the area;
7.
Hospital or medical clinic in "R-3" District;
8.
Single-family dwellings for mobile home park owners or operators only in "MH" Districts;
9.
Wholesale or distributing establishment or warehouse or wholesale market in "C-1" Districts;
10.
Retail or wholesale merchandising in "I-2" Districts;
11.
Wholesale merchandising in "I-3" Districts;
12.
Public service facilities in "I-2" and "I-3" Districts;
13.
Certain uses in "I-2" Districts as set forth in the regulations for the "I-2" Heavy Industrial Districts, Section 405.170;
15.
Extension, enlargement or alteration of a non-conforming use building by not more than fifty percent (50%) of the cubical contents of the buildings as of the effective date of this Chapter;
16.
Radio or television station or broadcasting tower in any "C" District;
17.
Cemetery, crematorium or mausoleum in any "R" or "C" District;
18.
Travel trailer park or tourist camp in "C-1" Districts;
19.
Roadside stands and recreational or amusement activities, such as circus or carnival, of a temporary and seasonal nature in "R" and "C" Districts;
20.
The extraction of sand, gravel and other raw materials requiring the removal of an overburden above the deposit in any "C" or "I-2" District; provided however, any bulk storage of extracted material or overburden and any processing or extraction machinery or the open face of any cut shall be at least five hundred (500) feet from any residential structure, street or place;
21.
Rooming, boarding or lodging houses in "R-3" District;
22.
Nursing, rest or convalescent homes in "R-3" District;
23.
Parking lots on land in "R" Districts within three hundred (300) feet from the boundary of any "C" or "I" District, provided the standards set forth in Section 405.300 "Schedule Of Parking Spaces" are met;
24.
In the "C-1" District, a facility, including buildings, structures and land, for the residential or outpatient treatment of alcohol and/or other drug abuse may be located as a special use, if the facility meets all of the following conditions:
a.
If a residential facility, not more than ten (10) persons residing in the building at one time;
b.
The exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other dwellings in the vicinity;
c.
A treatment facility shall not be located closer than three hundred (300) feet to any other substance abuse treatment facility.
25.
Amusement parlors.
a.
Amusement parlor defined. An "amusement parlor" is defined as any building or establishment with more than six (6) machines which upon the insertion of money, tokens or slugs provide music or entertainment.
b.
Location restricted. Amusement parlors may be located only in areas zoned "C-2" commercial or in less restrictive zones within the City.
c.
Special use permit required. No license will be issued for an amusement parlor, unless and until a special use permit has been obtained. The procedure for the special use permit shall be as follows:
(1)
Application to be filed with City Clerk.
(2)
City Clerk refers the application to the Planning and Zoning Commission.
(3)
The Planning and Zoning Commission will make a recommendation based on the impact of the proposed use on the immediate surrounding neighborhood and the City as a whole. Their recommendation is to be given to the City Council.
(4)
The City Council shall schedule a public hearing to be held after fifteen (15) days' notice has been published in a newspaper of local distribution.
(5)
The City Council shall decide whether or not to grant the special use permit, based on the recommendation of Planning and Zoning Commission and the public comment at the hearing and whatever other relevant factors that they deem appropriate for consideration.