Excelsior Springs City Zoning Code
SECTION 400
230 Special Use Permits.
[R.O. 2012 §400.230; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 91-4-2 §25, 4-1-1991; Ord. No. 92-3-4, 3-16-1992; Ord. No. 92-5-2, 5-11-1992; Ord. No. 93-6-6 §400.230, 6-7-1993; Ord. No. 96-11-2, 11-4-1996; Ord. No. 04-10-1, 10-4-2004; Ord. No. 2011-11-09-06 §2, 9-19-2011; Ord. No. 14-07-05 §14, 7-21-2014; Ord. No. 16-09-04 §2, 9-19-2016; Ord. No. 22-07-01, 7-18-2022]
A.
Purpose. The development and administration of the Zoning Code is based on the division of the City into districts, within any one (1) of which the use of land and buildings and the bulk and location of buildings or structures, as related to land, are essentially uniform. It is recognized, however, that there are special uses which, because of unique character, cannot be properly classified in any particular district or districts without consideration, in each case of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses fall into three (3) categories:
1.
Uses operated by a public agency or public-related utilities, or uses traditionally affected with a public interest; and
2.
Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities; and
3.
Uses which are of a short duration and short-range impact on the community.
B.
Authorization. Special uses may be authorized only by the City Council, provided that no application for a special use shall be acted upon by the City Council until after a public hearing is scheduled and notice posted and thereafter held by the Planning and Zoning Commission, and its finding and recommendations are reported to the City Council.
C.
Application. An application for special use shall be filed with the Community Development Department. Such application shall proceed in the manner prescribed herein for amendments to this Chapter. (See Section 404.080)
D.
Standards. No special use shall be granted unless the use:
1.
Is deemed necessary for the public convenience at that location;
2.
Is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected; and
3.
Will not cause substantial injury to the value of other property in the neighborhood in which it is located; and
4.
Will comply with the height and area regulations of the district in which it is located unless specifically granted otherwise.
E.
Conditions. The Planning and Zoning Commission may recommend and the City Council may provide such conditions and restrictions upon the construction, location, and operation of a special use including time limit, provision for off-street parking and loading, and other conditions as may be deemed necessary to promote the general objectives of this Chapter and to minimize any injury to the value of property in the neighborhood. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of the Special Use Permit.
F.
Uses Which May Be Permitted. Any of the following uses may be located in any district by Special Use Permit:
1.
Amusement parks, privately owned baseball or athletic fields.
2.
Airports, landing strips and helicopter ports under such restrictions as the Council may impose on land, buildings or structures within an approach zone to promote safety of navigation and prevent undue danger from confusing lights, electrical interference or other hazards.
3.
Cemeteries, mausoleums, or crematories for the disposal of the dead.
4.
Clubs.
5.
Drive-in theaters.
6.
Golf driving ranges, commercial or illuminated; tennis and similar recreation structures.
7.
Gun clubs, skeet shoots, target ranges, indoor tennis and similar recreation structures.
8.
Hospitals, residential or outpatient facilities for the treatment of alcohol and other drug abuse, penal or correctional institutions; veterinary clinics.
9.
Camping areas, campground or RV park.
10.
Mines or quarries, including the removing, screening, crushing, washing, or storage of ore, sand, clay, stone, gravel or similar materials.
11.
Nursery sales office, building, greenhouse, or area (wholesale or retail).
12.
Nursing and convalescent homes.
13.
Dog kennels.
14.
Radio, television and microwave towers.
15.
Reservoirs, towers, filter beds, or water treatment plants.
16.
Riding stables and tracks.
17.
Sewage, refuse, garbage disposal plants or landfills.
18.
Buildings, structures, and premises for public utility services, or public service corporations.
19.
Temporary use of land or buildings for commercial or industrial purposes, provided that any building or structure constructed thereon which is not otherwise permitted in the district in which it is situated, shall be temporary, and any storage equipment or material shall be removed upon the date of expiration of the Special Use Permit, which permit shall be valid for not more than two (2) years but may be renewed after public hearing.
20.
Assembly halls, churches, community centers, philanthropic organizations, and trade schools.
21.
Group care centers, including pre-schools, day care and adult care.
22.
Off-street parking lots or structures of a temporary or permanent nature.
23.
Mobile and manufactured home sales areas.
24.
Special housing for persons who have special and unusual housing needs, including but not limited to, persons fifty-five (55) years of age and over, persons who are handicapped and children and adults who require housing separate from their natural homes or families.
25.
Bed and breakfast homes or country inns.
26.
Adult Entertainment Establishments, subject to the regulations and requirements set forth in Section 400.235: Adult Entertainment Establishments, below.
27.
Payday loan and title loan businesses in accordance with the following provisions:
a.
The business is not located within five thousand two hundred eighty (5,280) feet of any other payday or title loan business;
b.
The business is not located within two hundred (200) feet of a residential, church, park or school property; and
c.
The business shall be located within a multi-tenant commercial building, housing not less than four (4) separate occupancies.
28.
A special use permit may be obtained for an establishment engaging in tattooing, body piercing or branding pursuant to Section 230.200 only in a "C-2" General Business District or "C-3" Service Business District. This special use permit shall be valid for a period not to exceed two (2) years, but may be renewed after a full and complete review by the Planning and Zoning Commission and City Council.
G.
Short Term Special Uses.
1.
Short Term Special Events shall be separated in categories that differentiate between major community events involving multi-day street closures or serving of alcohol outdoors and events that are minor in nature. Application fees shall be paid according to the Schedule of Fees, Title I, Appendix A. The City Manager or an authorized representative may authorize the issuance of a Short Term Special Use Permit for the use of a specific tract, parcel or section of the City for such temporary short term uses as:
2.
Such activities may be a non-profit, profitmaking, civic or public agency nature and may be on private or public property. A Short Term Special Use Permit may be approved by the City Manager or an authorized representative without referral to the City Council provided the following conditions are met:
a.
The applicant shall submit in written form a complete description of the proposed activity, hours of operation, ability to accommodate Fire and Police services and access, need for special protection and other characteristics that may affect the public safety, convenience and welfare.
b.
In the case of use of a public street or sidewalk, care shall be exercised in maintaining safe and convenient circulation for both vehicular and pedestrian traffic.
H.
Revocation.
[Ord. No. 22-03-04, 3-7-2022]
1.
Any special use permit granted under the authority of this Section is subject to revocation for any or all of the following reasons:
a.
Non-compliance with any special conditions imposed at the time of approval of the special use permit.
b.
Violation of any provisions of the ordinances of the City pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permit holder, agents of the permit holder, or tenants.
c.
Violation of any other applicable provisions of the ordinances of the City or any State or Federal law or regulation by the permit holder, agents of the permit holder, or tenants, provided that such violations relate to the conduct or activity authorized by the special use permit or the qualifications of such persons to engage in the permitted use.
d.
Revocation is necessary to preserve the public health, safety and welfare.