Bridgeton City Zoning Code
SECTION 410
160 Intergovernmental Zoning Immunity.
[Ord. No. 70-25 §16, 3-18-1970; Ord. No. 92-04, 2-5-1992]
A.
Purpose. The purpose of this Section is to authorize the City Council to determine and recognize a limited immunity of governmental entities from the Bridgeton Zoning Ordinance with respect to particular land uses and to condition the recognition of such immunity to insure that the immune entity does not arbitrarily override important legitimate local public interests. This Section provides a uniform procedure for governmental applicants to follow to apply for an immunity determination with respect to land uses of overwhelming importance that otherwise would be prohibited by the Bridgeton Zoning Ordinance. Governmental applicants must provide the City with information sufficient to permit the City Council to make an immunity determination based upon a weighing of the respective interests advanced by the proposed land use and the effects of the proposed land use on the interests of Bridgeton.
B.
Authority. The City Council shall have the authority to determine by ordinance that an entity is immune from the Bridgeton Zoning Ordinance with respect to a proposed land use according to the procedures and subject to the conditions and standards contained in this Section.
C.
Compliance. No entity shall use any land in the City of Bridgeton for any use or structure that is not in compliance with the Bridgeton Zoning Ordinance unless the City Council determines, as provided in this Section, such use by the entity is immune from the Bridgeton Zoning Ordinance; except that this Section shall not apply to any use by the Federal Government or any agency thereof or to any use by the State of Missouri that is immune from the Bridgeton Zoning Ordinance as a matter of law.
D.
Filing Of Petition. A governmental entity may petition the City Council for a determination that a proposed use of land in Bridgeton is immune from the application of the Bridgeton Zoning Ordinance based upon a balancing of interests under Missouri law for the determination of intergovernmental zoning immunity. Such petition to the City Council requesting a determination that the proposed use of the petitioning governmental entity is immune from the Bridgeton Zoning Ordinance, together with all information required to accompany such petition, shall be filed with the City Clerk, who shall promptly refer such petition to the Planning Commission.
E.
Fees. The petitioner shall at the time of filing the petition pay a fee in the amount determined by the following fee schedule:
Size of Tract | Fee | |
|---|---|---|
2 or less acres | $200.00 | |
2 plus acres to 10 acres | $350.00 | |
10 plus acres to 20 acres | $600.00 | |
20 plus acres to 40 acres | $950.00 | |
40 plus acres to 70 acres | $1,400.00 | |
70 plus acres to 110 acres | $1,950.00 | |
110 plus acres to 160 acres | $2,600.00 | |
Over 160 acres | $3,350.00 |
In addition, if the City engages any professional or technical services to evaluate or process a petition, the petitioner shall pay the reasonable cost of such services within thirty (30) days of the City's request for such payment. At the petitioner's request, the City shall provide copies of the invoice or receipt for such services. The City may, but is not required to, advance the cost of any such services and obtain reimbursement from the petitioner. |
F.
Assistance. In making all evaluations and recommendations required by this Section and in performing all acts required by this Section, the City shall have the authority to seek advice from the City Attorney, school and fire districts, utilities and other City boards and to employ such professional and technical services as it considers necessary.
G.
Petition For Determination Of Zoning Immunity. Such petition for immunity shall be signed by the governmental entity requesting a determination by the City Council that it is immune from the Bridgeton Zoning Ordinance with respect to a proposed land use and shall contain the following information to identify the interests advanced by petitioner's proposed use and the legitimate local public interests affected by the proposed use:
1.
A concise statement by the petitioner that identifies all legal and factual bases for intergovernmental zoning immunity for the proposed use, including the identification of all State or Federal Statutes that may require or support the determination of such immunity, and the identification of all regional and local interests that would be advanced by the proposed use.
2.
A legal description and street address of the property in or upon which the petitioner's proposed use will be located (the "tract").
3.
Site plans, eighteen (18) copies, containing the following:
a.
Existing conditions map(s) of land proposed to be used within Bridgeton, at a scale of no greater than one (1) inch equals twenty (20) feet, containing the following information:
(1)
Petitioner's name and address and legal interest in the tract;
(2)
All dimensions and bearings, both linear and angular, radii and arcs, necessary for locating the boundaries of the tract;
(3)
The location and name of all streets or other rights-of-way, easements, entrances and exits included in the tract and within one hundred eighty-five (185) feet of the tract;
(4)
All lots included in the tract and within one hundred eighty-five (185) feet of the tract;
(5)
Zoning classification and present use of lots included in tract and within one hundred eighty-five (185) feet of the tract;
(6)
Location, height and floor area of all buildings, structures (e.g. signs, lighting, etc.) and elevations included in tract and within one hundred eighty-five (185) feet of tract;
(7)
Location of all drainage ways, natural or manmade lakes, wetlands and other natural features included in tract and within one hundred eighty-five (185) feet of the tract;
(8)
Topography at not more than two (2) foot contour intervals (interval may be expanded to not more than five (5) foot interval if the Zoning Administrator finds that expansion is warranted based on the large size or uniform level of the terrain);
(9)
All public and private improvements (e.g. curbs, trash storage, loading areas, pedestrian walkways, sewer and utility lines above and below grade, etc.) showing size, dimensions and flows;
(10)
Other physical features like soil types, rock outcropping and trees in excess of six (6) inches in diameter;
(11)
Historic sites and structures;
(12)
A written description shall accompany the map(s) explaining the soil conditions, any historically significant areas and any other features of the existing conditions map(s) petitioner believes are relevant.
b.
Proposed conditions map(s) of land proposed to be used within Bridgeton, at a scale of no greater than one (1) inch equals twenty (20) feet, containing the following information:
(1)
The map(s) shall identify the same information requested in Section 410.160(G)(3)(a) items (1) through (12) as they apply to the proposed use;
(2)
If grading is to take place, the topographical map shall distinguish existing and proposed contour lines;
(3)
Landscaping and screening buffers associated with the proposed use;
(4)
A written description shall accompany the map(s) containing:
(a)
Detailed description of the proposed use or uses of the property;
(b)
Description of all processes and activities involved in the proposed use; and
(c)
A detailed description of all parks, public areas, and public property or public property rights including easements and rights-of-way that would be affected by the petitioner's proposed use;
(5)
A description of, or a map showing, the location, height and size of all proposed signs and the location, size, arrangement and intensity of all outdoor lighting.
4.
In addition to the information contained in the site plans, the petitioner shall include in an appendix to its petition all of the following information (including all connected actions and cumulative actions relating to the project or development) with respect to the entire project or development, regardless of whether the proposed use is solely in Bridgeton or is part of a larger project or development that extends into other land-use jurisdictions:
a.
All final environmental impact statements, environmental assessments and/or findings of no significant impact required by Federal law or by any State environmental Statute or regulation;
b.
Copies of all studies or analyses upon which projections have been based for need or demands for the proposed use;
c.
A description of all alternatives to the proposed use considered by the petitioner, including copies of all studies or analyses in which alternatives to the use have been considered or evaluated;
d.
A description of the assessed value and actual value, both present and as anticipated under the proposed use, of all land affected by the proposed use and all studies upon which such anticipated assessed value is based;
e.
A description of all long-term master plans and of long-range forecasts for the future use or development of the tract in Bridgeton;
f.
A description of the petitioner's ability to obtain all needed easements and permits required by Federal, State and local law to operate or to serve the proposed use;
g.
A detailed description of the type, feasibility and cost of any proposed mitigation necessary to make the proposed use compatible with current and future land uses in Bridgeton or to reduce or eliminate any adverse impact of the proposed use within Bridgeton;
h.
A description of any special construction requirements that may be required for the proposed use of the tract;
i.
A description of any changes in traffic flow or traffic patterns within Bridgeton of fifteen percent (15%) or more vehicles per hour for any hour within a twenty-four (24) hour period that are projected to result from the proposed use, including a copy of a traffic analysis prepared by a professional qualified in the field of traffic forecasting or engineering;
j.
If the proposed use or development is projected to result in the production of average noise levels of sixty-five (65) DBA or greater measured by using the Ldn noise metric for any single month during the first ten (10) years of the projected use of the tract at the petitioner's property line in Bridgeton, a map showing projected noise at fifty-five (55), sixty (60), sixty-five (65), seventy (70) and seventy-five (75) Ldn noise contours; data showing projected distribution of single event noise events for each half (½) hour through the day, including decibel levels and duration of each such noise event; projected cumulative noise total from all facility-related noise sources; projected cumulative noise total from all facility-related and background noise sources;
k.
If the proposed use will result in the production of air pollution, a detailed description of the expected pollutants, manner and rates of discharge, expected mitigation measures, effect on regional air quality, and effect on air quality within Bridgeton;
l.
If the proposed use will result in the production of water pollution, a detailed description of the expected pollutants, manner and rates of discharge, expected mitigation measures, effect on regional water quality, and effect on water quality within Bridgeton; and
m.
If the proposed use will result in the production of solid or toxic wastes, a detailed description of the expected wastes, the manner and rates of production, expected mitigation measures, expected methods of disposal, and the effects of expected methods of disposal on landfills or on other disposal alternatives.
5.
Unless provided elsewhere, a detailed statement identifying all of the local and regional needs for the proposed use; identifying all of the benefits of, and interests advanced by, the proposed use; identifying all evidence available to the petitioner to establish the needs for, benefits of, interests advanced by, and beneficial or adverse effects and impacts of the proposed use; identifying all of the effects of all proposed mitigation measures; identifying the geographical distribution of all beneficial and adverse effects of the proposed use; and identifying all of the effects and impacts of the proposed use on the interests of the City of Bridgeton, including the identification of all effects or impacts on:
a.
The natural and manmade environments within and adjacent to Bridgeton;
b.
The health, safety, morals, comfort and general welfare of the neighborhoods and of the people of the City of Bridgeton;
c.
The accomplishment of the goals and objectives of the Bridgeton Zoning Ordinance and of the comprehensive Land Use and Major Street Plan of the City of Bridgeton in effect at the date of the petition;
d.
The character and stability of the residential, business and manufacturing areas within the City of Bridgeton and on the development of such areas;
e.
The light, air, privacy, and convenience of access to property within the City of Bridgeton;
f.
Traffic congestion within the City of Bridgeton;
g.
The future needs of industry, business and residences in the City of Bridgeton;
h.
The surroundings for family life in residential areas within the City of Bridgeton;
i.
Public safety, including the potential for fire, explosions, noxious fumes, and all other hazards that may threaten the public safety, health, comfort or general welfare of the people or neighborhoods of the City of Bridgeton;
j.
The density and distribution of land uses within the City of Bridgeton, including effects on the concentration of structures, and on the location, use and bulk of residential and industrial buildings in relation to the land surrounding them;
k.
The taxable value of land and buildings throughout the City of Bridgeton;
l.
All structures and features of historic significance within Bridgeton;
m.
All public land within Bridgeton, including all parks, public areas, playgrounds, golf courses, and public rights-of-way or easements;
n.
The finances of the City of Bridgeton.
6.
The identity of each expert or consultant who petitioner expects to call to testify before the Planning Commission or City Council with respect to petitioner's petition, together with a summary of the facts and opinions to which the petitioner expects each such person to testify. If after the petition is filed the petitioner shall form an expectation to call as a witness any expert or consultant not identified in the petition, the petitioner shall promptly supplement the petition with respect to any such expert or consultant; and
7.
Any additional information the petitioner believes is necessary or desirable for the City of Bridgeton to consider in conjunction with the petition.
H.
Planning Commission Action On Petition.
1.
Completeness. Within thirty (30) days after receipt of the petition from the City Clerk or of any revised petition from the petitioner, the Planning Commission shall determine whether the petition or revised petition complies with all requirements imposed by this Section and contains all the information required by this Section. In the event the Planning Commission finds the petition or revised petition is not complete or does not contain all the required information, the Zoning Administrator shall within ten (10) days after such finding notify the petitioner of the information that is lacking in the petition or revised petition. The petitioner may then submit to the Planning Commission a revised petition containing the necessary additional information.
2.
Hearing, recommendation. Within thirty (30) days following a determination by the Planning Commission that the petition (as may have been revised) complies with requirements imposed by this Section, the Planning Commission shall hold a hearing on the petition and on whether petitioner's proposed use of the property should be determined to have intergovernmental immunity from the Bridgeton Zoning Ordinance. If the City engages outside experts for evaluation or processing of the petition, this thirty (30) day period may be extended for such time as is reasonably necessary to identify and engage such experts and receive and evaluate their reports, not to exceed one hundred twenty (120) days. Notice of the date, time and place of such hearing shall be published in a newspaper of general circulation in the City of Bridgeton at least five (5) days prior to such hearing.
Upon the conclusion of such hearing, the Planning Commission shall:
a.
Consider and report on whether and in what respects the petitioner's proposed use affects, advances or impedes the public interests of the City of Bridgeton;
b.
Consider and report on the extent to which the petitioner considered reasonable and prudent alternatives to the proposed use with less adverse impacts on the public interests of Bridgeton;
c.
Consider and report on recommendations regarding conditions or limitations on the requested immunity to protect Bridgeton's public interests against the arbitrary exercise of such immunity or mitigation measures which, if employed, would advance Bridgeton's interests;
d.
Weigh and balance all relevant factors respecting whether substantial benefits to the public of the proposed use clearly outweigh adverse effects of the proposed use on the public interests of the City of Bridgeton and recommend for or against a City Council determination and recognition that the petitioner's proposed use is immune from the Bridgeton Zoning Ordinance.
The Planning Commission shall make a report to the City Council containing its recommendations and conclusions within eighty (80) days following the conclusion of such hearing.
I.
City Council Hearing And Determination.
1.
Hearing. Within thirty (30) days after receipt of the report and recommendations of the Planning Commission, the City Council shall commence a hearing on the petition to determine whether petitioner's proposed use of the property shall be immune from the Bridgeton Zoning Ordinance and shall conclude such hearing within sixty (60) days after receipt of such report and recommendations. Notice of the date, time and place of the hearing shall be published in a newspaper of general circulation in the City of Bridgeton at least fifteen (15) days prior to the day of such hearing.
2.
Authorization. Within thirty (30) days after the conclusion of such hearing, the City Council shall determine whether and in what respects the petitioner's use advances or impedes the interests of the City of Bridgeton.
a.
If the City Council determines that the petitioner's use, with such conditions as the City Council may impose to insure that Bridgeton's legitimate public interests are protected, advances the interests of the City of Bridgeton, the City Council shall by ordinance recognize that the petitioner's proposed use is immune from the Bridgeton Zoning Ordinance. The City Council shall have the authority to impose, by such ordinance, conditions on the exercise of such zoning immunity to insure that Bridgeton's legitimate public interests are protected.
b.
If the City Council does not determine that the petitioner's use advances the interests of the City of Bridgeton, it shall determine whether and in what respects the petitioner's proposed use advances or impedes public interests or public needs other than those of the City of Bridgeton. In making this determination, the City Council shall weigh and balance all relevant factors and if it determines that the substantial benefits of the proposed use to the public, with such conditions as the City Council may impose to insure that Bridgeton's legitimate public interests are protected, clearly outweigh its adverse effects on the interests of the City of Bridgeton, then the City Council shall by ordinance recognize that the petitioner's proposed use is immune from the Bridgeton Zoning Ordinance. The City Council shall have the authority to impose by such ordinance conditions on the exercise of such zoning immunity to insure that Bridgeton's legitimate public interests are protected.
J.
Uses Prohibited By Statute. Notwithstanding any other provisions of this Section, no use shall be established or located in Bridgeton if any Statute provides that such use shall not be established or located in any City in violation of any plan or zoning regulation restricting the location of such use, and nothing in this Section shall be construed to authorize or permit any such use to be established or located in Bridgeton.