Bridgeton City Zoning Code
SECTION 410
080 Special Uses.
[Ord. No. 70-25 §8, 3-18-1970; Ord. No. 72-47, 6-7-1972; Ord. No. 97-62, 9-17-1997]
A.
Purpose. The principal objective of this Zoning Ordinance is to provide for an orderly arrangement of compatible building and land uses and for the proper location of all types of uses required for the social and economic welfare of the City, and this Chapter is based on the division of the entire City into districts in each of which are permitted specified uses that are basically compatible. In addition to such permitted, compatible uses, however, there are certain other uses which it may be necessary or desirable to allow in a given district, but which because of their potential impact upon neighboring uses or public facilities or the planned development of the community need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this Chapter as "special uses" and are established and controlled by the following provisions of this Section.
B.
Authority. The City Council shall have authority to issue by ordinance special use permits for uses of land and structures as designated in the regulations for each zoning district classification subject to the conditions, standards and procedures contained in this Section as well as in such district regulations.
C.
Procedures For A Special Use Permit.
1.
Applications. Applications for special use permit, to include a site plan and necessary descriptive material relating to the intensity and extent of use and such other information as shall be required by the Zoning Administrator from time to time, shall be made to the Planning and Zoning Office which shall forthwith refer the application to the Planning Commission to investigate and report on the effect of the proposed building or use upon traffic conditions, parking calculations to confirm they meet ordinance requirements, fire hazards, the character of the neighborhood, public utilities and the general welfare of the community. Such report and the recommendation of the Planning Commission on the proposed building or use shall be filed with the City Council within eighty (80) days of the referral of said request to the Planning Commission, unless the City Council or the applicant agrees to an extension of the time.
2.
Hearing. Upon receipt of the report and the recommendation of the Planning Commission, the City Council shall hold a public hearing on the application and shall give notice of the date, time and place thereof by causing a notice thereof to be published at least two (2) times in an official newspaper or a newspaper of general circulation in the City of Bridgeton. The first (1st) publication of said notice shall be at least fifteen (15) days prior to the day of such hearing.
3.
Authorization. After such hearing, the City Council shall determine whether such building or use would promote the health, safety, morals or general welfare of the people of the City of Bridgeton in accordance with and in the accomplishment of the comprehensive zoning plan of the City, and in making such determination the City Council shall consider the effect of such building or use on:
a.
Traffic conditions;
b.
Fire hazards;
c.
The character of the neighborhood;
d.
The general welfare of the community;
e.
Public utilities.
If the City Council shall make such determination in the affirmative, it shall grant such special use permit, and if the Council shall not make such determination in the affirmative, it shall not grant such permit. If the Planning Commission shall have recommended the issuance of such special use permit, the affirmative votes of at least five (5) members of the Council shall be required to make such affirmative determination, and in the event the Planning Commission shall have recommended against the issuance of such special use permit, the affirmative votes of at least six (6) members of the Council shall be required to make such affirmative determination. |
4.
Conditions. The Planning Commission may recommend and the City Council may provide such terms, conditions or restrictions upon the construction, location and operation of a special use, as the Planning Commission or the City Council may determine, in order to further the general objectives of this Chapter and to minimize the possibility of injury to the value of property in the neighborhood.
D.
Revocation Of Special Use Permit.
1.
Authorization.
a.
A special use permit may be revoked by the City Council if it is surrendered by the owner of the property for which it is issued or if the terms of the permit have been violated.
b.
A special use permit shall be automatically revoked if it has not been exercised within any period of two (2) consecutive years after the date it was granted; provided however, the City Council may, upon application of the landowner made before or after the expiration of such special use permit, grant a one (1) year extension thereof.
2.
Procedure for revocation by Council.
a.
In the event a special use permit has been violated, a revocation of such permit may be initiated by the Planning Commission or the City Council. Any proposition to revoke a special use permit on the grounds that the terms of the permit have been violated shall be referred to the Planning Commission, which shall give not less than fifteen (15) days' notice by certified mail to the owner of the property for which such permit was issued of the date, time and place of the meeting at which it will consider revocation of such permit.
b.
Any such notice shall be directed to such property owner at the address shown on the tax records for said property in the City offices, or if no such address is listed in the City offices, in the office of the Department of Revenue of St. Louis County. If no address of the property owner is indicated in the records of either the City or the County, no notice need be mailed to the property owner. In any event, the failure of any party entitled to notice hereunder to receive the same shall not invalidate any proceeding to revoke a special use permit.
c.
The Planning Commission shall offer the property owner and any interested party an opportunity to be heard at any meeting at which it shall consider a proposition for revocation of a special use permit. The Planning Commission shall make its report and recommendation to the City Council on the revocation of a special use permit within eighty (80) days after such proposed revocation is submitted to the Planning Commission.
d.
Upon receipt of the report and recommendation of the Planning Commission, the City Council shall hold a public hearing on the proposed revocation. At least fifteen (15) days' notice of the date, time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation in the City of Bridgeton.
e.
Any revocation of a special use permit against the recommendation of the Planning Commission may be adopted only on the affirmative vote of three-fourths (¾) of the entire membership of the Council. A special use permit revocation recommended by the Planning Commission may be effected by a majority vote of all members of the Council.