Clayton City Zoning Code
ARTICLE VII
Conditional Use Permit
Section 405.760 Purpose Statement
[Ord. No. 5814 §1(9.1), 4-27-2004]
A.
Conditional uses are those types of uses which are considered to be essentially desirable, necessary or convenient to the community but which by their nature can create:
B.
In order to assure that detrimental impact is avoided or mitigated, each request for conditional use must be reviewed, approved and issued a conditional use permit (CUP). Conditional uses are listed for each zoning district.
Section 405.770 Requirements
[Ord. No. 5814 §1(9.2), 4-27-2004]
A.
Conditional use permits are required for all conditional uses designated by this zoning Chapter and for the enlargement, alteration or extension of existing conditional uses, except as provided for below.
B.
For mixed-use buildings approved under the planned unit development process, a conditional use permit will not be required. In such cases, the mixed-use building is a conditional use, which may be approved as part of the planned unit development with added conditions as per Article X. All individual uses, whether part of a mixed-use building or not, will require a conditional use permit. For example, a mixed-use building that includes a restaurant will not require a separate conditional use permit for the mixed-use building component but will require a separate conditional use permit for the restaurant component.
Section 405.780 Initiation of The Conditional Use Permit Process
[Ord. No. 5814 §1(9.3), 4-27-2004]
The conditional use permit process must be initiated by submitting a completed application, providing plans and supporting documentation. The property owner or leaseholder of a use may file a conditional use permit application. If an authorized agent or the leaseholder of the use is requesting the conditional use permit, the property owner must also sign the conditional use permit application. The Plan Commission or the Board of Aldermen may also initiate a conditional use permit application.
Section 405.790 Application and Plan Requirements
[Ord. No. 5814 §1(9.4), 4-27-2004]
A.
An application form for a conditional use permit shall be completed and filed with the Department of Planning and Development Services. The application form is available through the Department of Planning and Development Services.
B.
The application document will provide a description of the plans and other pertinent information required for submittal by the applicant as part of the conditional use permit process.
Section 405.800 Submission By Applicant
[Ord. No. 5814 §1(9.5), 4-27-2004]
The applicant must submit one (1) original and thirty (30) copies of the application and all required documentation to the Director of Planning and Development Services. At the time that an application is filed, the applicant shall pay a fee as required by the fee schedule approved by the Board of Aldermen. The fee shall be paid to the City of Clayton to the credit of the General Revenue Fund of the City. Applications and all required documentation should be submitted a minimum of twelve (12) days in advance of the Plan Commission meeting date in order to be considered for that Plan Commission agenda.
Section 405.810 Staff Review
[Ord. No. 5814 §1(9.6), 4-27-2004]
Upon receipt of the conditional use permit application, plans and supporting documents, the Director of Planning and Development Services shall review the documents to determine completeness. If the Director determines the submittal is complete, then the submittal can be forwarded to the Plan Commission.
Section 405.820 Plan Commission Procedure
[Ord. No. 5814 §1(9.7), 4-27-2004]
A.
The Plan Commission shall hear all applications for conditional use permits at meetings opened to the public, unless closed pursuant to State law.
B.
The Plan Commission may choose to recommend approval of the conditional use permit as submitted, recommend additional conditions to mitigate possible negative impacts or recommend denial of the conditional use permit.
C.
The Plan Commission shall render a decision on a conditional use permit application within sixty (60) days from the date the Plan Commission first considers the application. The conditional use permit shall be deemed to have received a positive recommendation if the Plan Commission fails to render a decision within the said sixty (60) day period. The sixty (60) day period may be extended through mutual written agreement between the applicant and the City Plan Commission Chairperson.
D.
The Plan Commission shall submit a written report to the Board of Aldermen of its decision stating the recommended conditions for approval or reasons for recommending denial of the conditional use permit.
Section 405.830 Board of Aldermen Procedure
[Ord. No. 5814 §1(9.8), 4-27-2004]
After receipt of the Plan Commission's recommendation and report, the Board of Aldermen shall consider the proposed conditional use permit at a public hearing. The public hearing shall be advertised in a newspaper not less than fifteen (15) days prior to the hearing date. A conditional use permit is approved by resolution. The Board of Aldermen may, at its discretion, add to or delete conditions recommended by the City Plan Commission. The Board of Aldermen may refer the application back to the Plan Commission for further study before making its final decision. The decision rendered by the Board of Aldermen shall require a simple majority vote except that a vote of at least five (5) members of the Board of Aldermen will be required to approve any application contrary to the City Plan Commission recommendation.
Section 405.840 Criteria For Conditional Use Permit Approval
[Ord. No. 5814 §1(9.9), 4-27-2004]
A.
It shall be the responsibility of the applicant to clearly establish that the following criteria are met:
1.
The proposed use is compatible with surrounding uses and with the surrounding neighborhood;
2.
The comparative size, floor area and mass of the proposed use and/or proposed structure are appropriate and reasonable in relation to adjacent structures and buildings on surrounding properties and in the surrounding neighborhood;
3.
The proposed use will not adversely affect the general appearance of the neighborhood due to the location of the proposed use on the parcel of ground or due to the materials used in the construction of any proposed buildings being greatly dissimilar to surrounding appearances of buildings or due to the architecture of any proposed building being of such nature as to create visual disharmony within the neighborhood;
4.
The landscape plan for premises to be occupied by the proposed use is adequate in regard to the creation and maintenance of landscaped areas and the use of buffers for screening of the use;
5.
The proposed use will not adversely affect the neighborhood in terms of water runoff, noise transfer or heat generation due to significant amount of hard surfaced areas for buildings, sidewalk, drives, parking and service areas;
6.
The frequency and duration of various indoor and outdoor activities and special events associated with the proposed use will not have a deleterious impact on the surrounding area;
7.
The impact of projected vehicular traffic volumes and site access is not detrimental with regard to the surrounding traffic flow, pedestrian safety and accessibility of emergency vehicles and equipment;
8.
The proposed use complies with the parking requirements as set forth in the Zoning Code and does not add parking demand that cannot adequately be handled by on-site off-street parking;
9.
The number of transit movements on abutting streets and on minor streets in the neighborhood to be generated by or associated with the proposed use will not cause significant increases in hourly or daily traffic levels;
10.
The proposed use will not significantly increase demands on fire and Police protection services in excess of the individual demands of adjacent land uses and whether the proposed use will not present any real or potential fire or public safety hazard;
11.
Added noise levels generated by activities associated with the proposed use will not adversely impact the ambient noise level of the surrounding area and neighborhood;
12.
The activities associated with the proposed use will not generate obnoxious odors to the detriment of the surrounding area;
13.
The intensity, duration or frequency of lighting associated with the proposed use will not adversely impact adjacent properties or significantly increase the ambient level of night light in the neighborhood;
14.
The proposed use is likely to remain in existence for a reasonable length of time and not become vacant or unused and whether such use involves the presence of unusual, single-purpose structures or components of a temporary nature;
15.
The proposed use complies with the standards of the Zoning Code and good planning practices;
16.
Where a proposed use has the potential for adverse impacts, sufficient measures have been or will be taken by the applicant that would negate, to an acceptable level, such potentially adverse impacts.
Section 405.850 Amendment To A Conditional Use Permit
[Ord. No. 5814 §1(9.10), 4-27-2004]
A.
Any change in the scope, use or aspect of an operation approved for a conditional use permit which results in a condition that differs from the provisions contained in the approved conditional use permit requires the approval of an amendment. All requests for amendments must be filed on an application form available through the Department of Planning and Development Services. As part of the application submission, additional documentation or pertinent information related to the amendment may be required. At the time that an application is filed, the applicant shall pay a fee as required by the fee schedule approved by the Board of Aldermen. The fee shall be paid the City of Clayton to the credit of the General Revenue Fund of the City.
B.
All substantial amendments shall be subject to review and approval by the Board of Aldermen. The Board of Aldermen may also, in its discretion, refer such request for amendment to the City Plan Commission for review and recommendation. The following is a list of amendments that represent a substantial change from the provisions of the originally approved conditional use permit:
C.
Requests for amendments that are deemed by the Director of Planning and Development Services to represent minor change(s) from the provisions of the originally approved conditional use permit shall be reviewed by staff for completeness and subject to approval by the Director of Planning and Development Services or his/her designee. The following is a list of amendments that may, at the discretion of the Director of Planning and Development Services, represent minor changes from the provisions of the originally approved conditional use permit:
1.
Change in hours of operation;
2.
Change in days of operation;
3.
Increasing or decreasing outdoor dining capacity;
4.
Change in business or trade name, where ownership and nature of business or trade remains the same.
5.
Other changes deemed to be similar by the Director of Planning and Development Services or his/her designee.
Section 405.860 Transfer of A Conditional Use Permit
[Ord. No. 5814 §1(9.11), 4-27-2004]
A.
Any change in the ownership or operating entity named as the permittee of the approved conditional use permit will require a transfer of conditional use permit.
B.
All requests for transfers must be filed on an application form available through the Department of Planning and Development Services. Additional documentation regarding ownership of the operation and sale/lease arrangements may also be required as part of the application process. At the time that an application is filed, a fee shall be paid the City of Clayton to the credit of the General Revenue Fund of the City.
C.
All substantial transfers shall be subject to review and approval by the Board of Aldermen. The Board of Aldermen may also, in its discretion, refer such request for transfer to the City Plan Commission for review and recommendation. The following is a list of transfers that represent a substantial change from the provisions of the originally approved conditional use permit:
D.
Requests for transfers that are deemed by the Director of Planning and Development Services to represent minor change(s) from the provisions of the originally approved conditional use permit shall be subject to approval by the Director of Planning and Development Services or his/her designee. The following is a list of amendments that may, at the discretion of the Director of Planning and Development Services, represent minor changes from the provisions of the originally approved conditional use permit:
Section 405.870 Acceptance of Conditions of Approval
[Ord. No. 5814 §1(9.12), 4-27-2004]
Once a conditional use permit, amendment to a conditional use permit or transfer of a conditional use permit has been approved by the Board of Aldermen, the permittee must submit a letter accepting all conditions of approval. The permittee shall within thirty (30) days of the adoption of the resolution granting the conditional use permit, amendment to a conditional use permit or transfer of conditional use permit notify the City Clerk of the City of Clayton in writing that the conditional use permit is accepted and that the conditions set forth therein are understood and will be complied with. Failure to notify the City Clerk of the City of Clayton in writing that the conditional use permit is accepted and that the conditions set forth therein are understood and will be complied with will result in the rescinding of the approval.
Section 405.880 Revocation
[Ord. No. 5814 §1(9.13), 4-27-2004]
A conditional use permit may be revoked upon recommendation of the City Manager and approval of the Board of Aldermen should any condition of the conditional use permit be violated in any manner, provided however, that the property owner was first served with an order to remove the violation and the property owner failed to comply with the order within ten (10) days of receiving the order and following a public hearing held in accordance with this Article.
Section 405.890 Special Use Permits and Existing Uses
[Ord. No. 5814 §1(9.14), 4-27-2004]
Special use permits issued prior to the enactment of conditional use permits shall be deemed to be the same as a conditional use permit. Uses existing prior to the provisions for either special use or conditional use permits shall be deemed to have received a conditional use permit. However, any enlargement, alteration or extension of a special use or a use deemed approved requires a conditional use permit approved by the Board of Aldermen.
Section 405.900 Time Limit On Approvals
[Ord. No. 5814 §1(9.15), 4-27-2004]
Approvals shall be void unless a building permit is issued within one (1) year from the date of approval by the Board of Aldermen. A written request for an extension of time must be received by the City Clerk not less than forty-five (45) days prior to the expiration of the original one (1) year period. The applicant shall bear the burden of providing just cause for delay, proof that the project remains the same and proof that no circumstances bearing upon the suitability of the project have changed. Approval for request of extension is at the sole discretion of the Board of Aldermen.
Section 405.910 Reapplication
[Ord. No. 5814 §1(9.16), 4-27-2004]
In the event that the Board of Aldermen denies an application for a conditional use permit, no request for hearing upon the same application or substantially similar application will be accepted for a period of at least one (1) year from the date of denial by the Board of Aldermen.
Section 405.920 Building Permit Issuance
[Ord. No. 5814 §1(9.17), 4-27-2004]
Building permits shall be issued in accordance with the approved conditional use permit plans. A copy of the approved plans shall be retained in the records of the office of the Department of Planning and Development Services and all building and occupancy permits issued by the Director of Planning or his/her designee shall conform to the provisions of the plans.
Section 405.930 Appeals
[Ord. No. 5814 §1(9.18), 4-27-2004]
An aggrieved party may, within fifteen (15) days of the decision for which redress is sought, file with the Board of Aldermen a written request for reconsideration and appeal of any decisions of the Board of Aldermen under this Article. The written request must set forth in a concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The request for reconsideration and appeal must be filed with the City Clerk within the time specified above. A copy of the request and any supporting documents or materials filed by the aggrieved party must be served by the aggrieved party on the applicant (if different than the aggrieved party) by certified U.S. mail, return receipt requested, within three (3) days of filing with the City Clerk. Proof of service on the applicant must be filed with the City Clerk within six (6) days of filing of the request. The Board of Aldermen may consider the appeal on the record of the prior decision by the Architectural Review Board or may, at its sole discretion, receive additional evidence in such manner as it deems appropriate in light of the circumstances.
Section 405.940 Action By Board of Aldermen
[Ord. No. 5814 §1(9.19), 4-27-2004]
The Board of Aldermen shall hear such interested parties as may desire to be heard and after said hearing shall approve, modify or disapprove the application. If the Board of Aldermen approves the application, the Director of Planning and Development Services or his/her designee shall promptly issue the requested permit. If the application is approved with modifications, the Director of Planning and Development Services or his/her designee will issue a permit after the applicant submits the appropriate revisions to the plans.