Chaffee City Zoning Code
ARTICLE V
Supplementary Regulations
Section 405.410 Special Use Regulations.
[CC 1978 §405.120; Ord. No. 766 §16, 12-4-1972]
A.
Subject to the provisions of Subsections (B)(2) and (3) of this Section, the City Council may, by resolution, grant a special permit for the special uses enumerated in Subsection (D) of this Section in any district as herein qualified from which the uses are otherwise prohibited by this Chapter and shall impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the Comprehensive Plan and to conserve and protect property and property values in the neighborhood.
[Ord. No. 405.410 §1, 4-6-2015]
B.
Applications for permits for new construction, extensions, or alteration of existing uses and uses authorized by this Section with site plan and necessary descriptive material relating to the intensity and extent of use shall be made to the City Council who shall forthwith refer the application to the City Engineer or Building Inspector whose report must be first obtained. Said approved application, with said plans and descriptive material, must then be submitted to the City Planning and Zoning Commission to investigate and report as to the effect of such building or use upon the Comprehensive Plan, traffic and fire hazards, the character of the neighborhood, and the general welfare of the community. A public hearing shall be held in relation to said application before the City Planning and Zoning Commission, notice and publication of the time and place for which shall conform to the procedure prescribed in Section 405.700(A) for hearings on amendments. A report and recommendation from the City Planning and Zoning Commission shall be filed with the City Council within thirty (30) days of the day that the application was referred to the City Planning and Zoning Commission. If no report is transmitted by the City Planning and Zoning Commission to the City Council within thirty (30) days of the referral to the City Planning and Zoning Commission, it shall be assumed that approval of the application has been given by said City Planning and Zoning Commission. On the date that the City Council will first consider the application, a member of the City Planning and Zoning Commission shall be present.
[Ord. No. 405.410 §1, 4-6-2015]
1.
Upon the filing of an application, pursuant to this Section, the applicant must pay a filing fee of one hundred dollars ($100.00) for the purpose of publication costs, mailing costs and out of pocket expenses of the City of Chaffee in completing the procedures under this Section.
2.
The City Council shall determine whether such building or use will:
a.
Substantially increase traffic hazards or congestion;
b.
Substantially increase fire hazards;
c.
Adversely affect the character of the neighborhood;
d.
Adversely affect the general welfare of the community;
e.
Overtax public utilities; and
f.
Be in conflict with the Comprehensive City Plan.
3.
If the Council's finding be negative as to all the subjects referred to in Subsection (B)(2)(a), (b), (c), (d), (e) and (f) above, then the application shall be granted; if affirmative as to any subject, then such permit shall be denied.
4.
If the application for a special use is denied by the City Council, no subsequent application for a special use to the same property, or part thereof, shall be filed by any applicant until the expiration of twelve (12) months after the denial.
C.
Any proposed special use shall otherwise comply with all the regulations set forth in this Chapter for the district in which such use is located, except that the City Council may permit hospitals and institutions to exceed the height limitations of such district.
D.
Special Uses.
1.
Airport, landing field, or landing strip for all forms of aircraft, auto racetrack and drag strip.
2.
Amusement park, but not within three hundred (300) feet of any "R" District.
3.
Any public building erected or used by any department of the City, County, State or Federal Government, or school district.
4.
Cemetery, crematorium, or mausoleum.
5.
Church or other place of worship, or Sunday school.
6.
Circus or carnival grounds, but not within three hundred (300) feet of any "R" District.
7.
Commercial, recreational, or amusement development for temporary or seasonal periods.
8.
Greenhouses and nurseries.
9.
Institution, college, or hospital provided that any hospital or institution permitted in any "R" District shall be located on a site of not less than five (5) acres, shall not occupy more than forty percent (40%) of the total lot area, and shall be set back from all yard lines at least two (2) feet for each foot of building height.
10.
Marina.
11.
Nursing home in "R" Districts.
12.
Office building of a civic, religious or charitable organization conducting activities primarily by mail and not handling merchandise or rendering services on the premises, but only within the "R-4" District.
13.
Privately operated community building or recreation field.
14.
Public utilities.
15.
Riding stable.
16.
Radio or television broadcasting tower or station.
17.
Residences as provided for in Section 405.110(B)(7).
18.
Tourist or trailer camp, only in the "C-2" and "C-3" Districts, provided such tourist or trailer camp shall comply with the provisions of applicable ordinances of the City and the laws of the State of Missouri. No trailer may be used for any residential purpose either transiently or permanently unless located in a trailer camp complying with the requirements of Section 405.500.
19.
The extraction of sand, gravel, and other raw materials requiring the removal of an over-burden above the deposit, provided however, any bulk storage of extracted material or over-burden 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.
20.
Parking lots on land within three hundred (300) feet from the boundary of any commercial, business, or industrial district, provided the following standards are met:
a.
Ingress and egress to such lot shall be from a major street or from a street directly serving the commercial or business district.
b.
No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas.
c.
No structures shall be erected or remain on any portion of the lot except as provided for under item (g) hereof.
d.
No signs shall be erected on the parking area except as approved by the City Planning and Zoning Commission.
e.
Parking area shall be used for parking patrons, private passenger vehicles only, and no charge shall be made for parking within such premises.
f.
The parking shall be set back in conformity with the established or required yards for residential uses and where a parking area adjoins a dwelling use, it shall have a minimum side yard of ten (10) feet.
g.
The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris.
21.
Any use permitted in "C-1" Light Commercial District and "C-2" Heavy Commercial District in an "R-1" Single-Family Dwelling District and "R-2" Multi-Family Dwelling District.
E.
Community Unit Plan. The owner or agents of any tract of land comprising an area of not less than ten (10) acres may submit to the City Council a plan for the use and development of all such tracts for residential or for residential in combination with shopping center uses as set forth in Section 405.150 of this Chapter. The development plan shall be referred to the City Planning and Zoning Commission for study and report and for public hearing. Notice and publication of such hearing shall conform to the procedure prescribed in Section 405.700 for hearings on amendments. If no report is transmitted by the City Planning and Zoning Commission within sixty (60) days of referral, the City Council may take action without further awaiting such report. If the City Planning and Zoning Commission approves the plans, they shall then be submitted to the City Council for consideration and action. The approval and recommendations of the City Planning and Zoning Commission shall be accompanied by a report stating the reasons for approval and specific evidence and facts showing that the proposed community unit plan meets the following conditions.
1.
The proposed development of any "C-4" Planned Commercial District included as a part of the plan complies with the regulations for those districts as set forth in Section 405.150 of this Chapter.
2.
The buildings, other than those located within a "C-4" District, located in the area shall be used only for single-family dwellings, two-family dwellings, or multiple dwellings and the usual accessory uses such as private or parking garages, storage space and for community activities, including churches and schools.
3.
The average lot area per family contained in the site, exclusive of the area occupied by a "C-4" District or by streets, will not be less than the lot area per family required in the district in which the development is located.
4.
The area is adaptable to complete community development, being bounded by major thoroughfares, streets, railroads, or other external barriers, and insofar as possible without a major thoroughfare extending through the project, or any other physical feature which would tend to impair the neighborhood or community cohesiveness.
5.
No more than twenty-five percent (25%) of the gross area of the project be devoted to a "C-4" District and that no more than fifty percent (50%) of the gross area of the project located in a single-family district be devoted to multiple-family dwellings.
6.
Sufficient area is reserved for recreational and educational facilities to meet the needs of the anticipated population, or as designated in the Comprehensive Plan.
7.
Property adjacent to the area included in the plan will not be adversely affected and to this end the City Planning and Zoning Commission may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project.
8.
The plan is consistent with the intent and purposes of this Chapter to promote public health, safety, morals, and general welfare.
F.
If the City Council approves the plans, building permits and certificates of occupancy may be issued, even though the use of the land and the location and height of buildings to be erected in the area and the yards and open space contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.