A written application for a special use permit for the uses hereinafter set forth in this section or for uses previously issued and wherein a modification or alteration is requested shall be filed with the Director of Public Works.

Upon receipt of an application, along with a site plan and necessary descriptive material of the entire parcel including all permitted and special uses, the Director of Public Works shall submit the application, along with the site plan and descriptive materials, to the Plan Commission.

The Commission shall review the application based on the conditions set forth in Section 23.4, approve or disapprove the application and submit a report of its recommendations to the City Council.

The City Council shall hold a public hearing on all applications for Special Use Permits in accordance with the procedures as hereinafter set forth. No action shall be taken by the City Council upon any applications for a special use permit unless the report of the Plan Commission after its review has been filed with the City Council in accordance with Section 23.3 of this chapter. Upon receipt by the City Council of the report of the Plan Commission, or if no report is received from the Commission within 45 days from the date the applicant has submitted his proposal for a special use permit to the Plan Commission, then the City Council shall proceed to hold a public hearing on the application, giving at least ten (10) day's notice of the time and place of the public hearing. Said notice shall be mailed to the applicant and all property owners within 185 feet of the property being considered for the special use permit as shown on the last tax rolls of the City. In addition thereto, it shall be published in a newspaper having a general circulation in the City.

The City Council may vote on the special use permit immediately after the public hearing provided no opposition is expressed at the public hearing. If there is any opposition expressed at the public hearing, then the City Council shall not vote on the issuance of the special use permit until at least six (6) days after the public hearing.

In considering whether or not such application for a special use permit should be granted, it shall be the duty of the Commission and the Council to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the city generally. In considering the special use, the Commission and the Council should consider each of the following:

(i)

The proposed use shall be compatible with surrounding uses and compatible with the surrounding neighborhood.

(ii)

The size, floor area and mass of the proposed structure or additions shall be similar in relationship to the adjacent structure and buildings in the surrounding properties and neighborhood.

(iii)

The general appearance of the appearance of the neighborhood will not be adversely affected by the location of the proposed use on the parcel. The building materials used, accessory structures or improvements, the architectural elements, and the general appearance of the building (all of which shall include any changes made to an existing structure) shall be similar with the other buildings in the surrounding area so as not to stand out or create a visual problem with the area.

(iv)

The hard-surfaced areas for buildings, sidewalks, drives, parking areas and service areas shall be kept to a minimum and there shall not be a significant impact from hard-surfaced areas in terms of noise transfer, water runoff and heat generation.

(v)

The frequency and duration of various indoor and outdoor activities and special events shall not have an adverse impact on the surrounding area.

(vi)

The noise level created by activities associated with the proposed use and the ambient noise level shall not impact the surrounding area and neighborhood.

(vii)

The lighting in terms of intensity and duration and frequency of use shall not impact adjacent properties and shall not be so intense so as to have a presence in the neighborhood.

(viii)

The number of transit movements generated by the proposed use in relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood shall not show any significant increase in hourly or daily traffic levels.

(ix)

The capacity of adjacent streets must handle any increased traffic attributable to the proposed use in terms of traffic volume.

(x)

The requirements for public services shall not present a strain on such public services where the demand of the proposed use is in excess of the individual demand of adjacent land uses in terms of police and fire protection.

(xi)

Existing fire services must be equipped and agree to handle the presence of any potential or real fire hazards created by the proposed use.

(xii)

Natural and wooded areas and buffers shall remain in place.

(xiii)

Any proposed non-residential use shall contribute in maintaining a variety of uses within a particular district or area and avoiding a saturation of any category of use that would hinder the goal of reaching a balance of goods and services in a particular district.

(xv)

The proposed use shall be permanent in nature. Unusual single-purpose structures or uses of a more temporary nature should be avoided.

(Ord. No. 2008-3363, 8-26-08)

The City Council, after a public hearing, may revoke a Special Use Permit for any of the following reasons:

(A)

The City Council, after a public hearing, may revoke a Special Use Permit for any of the following reasons:

23.51.

If the Special Use Permit is not put into effect and use by the applicant within six (6) months of the date of its approval;

23.52.

If the permittee fails to comply with the regulations and restrictions of this chapter or the requirements of the Special Use Permit.

23.53.

Any person who has been issued a Special Use Permit as provided herein may relinquish said permit by filing with the City Clerk a written notification that he no longer intends to use said permit. Upon receipt of the written notification, the Special Use Permit shall be revoked.

(B)

Special use permits are not transferable without the specific approval of a majority of the entire City Council as follows:

23.54.

A special use permit issued for the operation of a family day care home in a residential district shall be revoked immediately upon the person to whom issued, failing to reside full time in the residence for which the permit is issued and/or for that person failing to personally provide care for the children in that family day care home, unless a transfer is permitted by the City Council.

23.55.

All special use permits issued after the effective date of this ordinance shall not be transferable except upon the consent of a majority of the entire City Council, and shall not run with the land and shall be personal to the person to whom granted. All of such special use permits shall contain the following language on their face:

"This special use permit is not transferable without prior consent of a majority of the entire City Council"

If the special use permit is granted to a corporation, partnership or any other type of entity other than an individual and there is a transfer of a majority interest in the ownership of the corporation or a change in partners in a partnership or the transfer of any membership interest in a limited liability corporation, then is such case the special use permit shall not be transferable unless affirmatively approved for transfer by the City Council. If any transfer of ownership or control as set forth in this ordinance takes place without the City Council specifically approving the transfer of the special use permit the special use permit shall automatically terminate and be revoked.

(Ord. No. 2001-3115, 5-22-01)

Communication antennae may be allowed by a special use permit in any zoning district based on the criteria in subsection 23.4 of this section and the criteria in the following paragraphs.

(a)

A communication antenna may be allowed in the R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-4, PMUD zoning districts provided that such antennae is located within a church steeple or similar structure on top of a building or attached to a building, provided that such antenna meets the following criteria:

(1)

Communication antennae may exceed the district height limitation provided no equipment shall exceed 15 feet in height as measured from the roof of the building.

(2)

Prior to approval of a communication antenna by the City Council, the applicant shall document its efforts to locate its communication antenna on an existing communication tower within the City or in close proximity to the City. Such documentation shall also indicate why co-location on any existing communication antenna is not feasible or not desirable.

(3)

The design of the communication antenna shall maximize use of building materials, colors, textures, screening, and landscaping that effectively blend the communication antenna facilities with the surrounding natural setting and built environment.

(4)

In addition to the requirements of Section 24.0, the site plan for the communication antenna shall include the following information:

(a)

Proposed type, number, and location of antennae or other transmission equipment to be located on the site; and

(b)

Location of any adjoining structures used for residential purposes.

(5)

Communication antennae shall not be installed on single-family residential buildings.

(6)

Any communication antenna that is no longer in use for its communications purpose shall be removed at the owner's expense. The owner shall provide the city with a copy of the notice to the FCC of intent to cease operations and shall be given twelve (12) months from the date of ceasing operations to remove the equipment.

(7)

Prior to approval of a communication antenna by the City Council, the applicant shall document its efforts to locate the communication antenna in a commercially zoned area and its efforts to locate the communication antenna on publicly owned land including, but not limited to, federal, state, county, municipal, school district, library district, and/or fire district land.

(b)

Communication Antenna may be allowed in the C-1, C-2, DB-1, DB-2 or M-1 zoning districts provided that such antenna is located within a church steeple or similar structure on top of a building and provided that such antenna meets the following criteria:

(1)

Communication antennae may exceed the district height limitation provided no equipment shall exceed 15 feet in height as measured from the roof of the building.

(2)

Prior to approval of a communication antenna by the City Council, the applicant shall document its efforts to locate its communication antenna on an existing communication tower within the City or in close proximity to the City. Such documentation shall also indicate why co-location on any existing communication antenna is not feasible or not desirable.

(3)

The design of the communication antenna shall maximize use of building materials, colors, textures, screening, and landscaping that effectively blend the communication antenna facilities with the surrounding natural setting and built environment.

(4)

In addition to the requirements of Section 24.0, the site plan for the communication antenna shall include the following information:

(a)

Proposed type, number, and location of antennae or other transmission equipment to be located on the site; and

(b)

Location of any adjoining structures used for residential purposes.

(5)

Communication antennae shall not be installed on single-family residential buildings.

(6)

Any communication antenna that is no longer in use for its communications purpose shall be removed at the owner's expense. The owner shall provide the city with a copy of the notice to the FCC of intent to cease operations and shall be given twelve (12) months from the date of ceasing operations to remove the equipment.

(Ord. No. 97-2896, 2-25-97)

Communication Towers may be allowed by special use permit in all zoning districts based on the criteria in subsection 23.4 of this section and the following criteria:

1.

A communication tower shall not exceed 150 feet in height.

2.

The communication tower shall be set back from the property line a minimum of one (1) foot for every foot of structure height. No communication tower shall be located within 200 feet of any residential structure.

3.

Communication tower operators of any tower approved after the effective date of this ordinance shall provide for the co-location of other communications providers on their tower for reasonable compensation and shall make space available for public safety communication antennae.

4.

Prior to approval of a communication tower by the City Council, the applicant shall document its efforts to locate the proposed antenna on an existing communication tower within the city or in close proximity to the City. Such documentation shall also indicate why co-location on any existing tower is not feasible.

5.

The design of the tower shall maximize use of building materials, colors, texture, screening, and landscaping that effectively blend the tower facilities with the surrounding natural setting and built environment.

6.

All accessory uses, and any guy wire anchors shall be subject to height and setback requirements generally applicable to principal uses in the district. All guy wire anchor locations, equipment shelter structures, or buildings, fencing, and similar structures or improvements constituting accessory uses shall be located on the same parcel of land occupied by the communication tower.

7.

In addition to the requirements of Section 24.0, the site plan for the communication tower shall include the following information;

(a)

Exact location of the tower and guy wire anchors;

(b)

Proposed type, number, and location of antennae or other transmission equipment to be located on the tower;

(c)

Location of any adjacent residential districts or structures used for residential purposes.

8.

Any communication tower that is no longer in use for its original communication purposes shall be removed at the owner's expense. The owner(s) shall provide the city with a copy of the notice to the FCC of intent to cease operations and shall be given twelve (12) months from the date of ceasing operations to remove the tower and accessory structures. In case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. Failure to comply with this provision shall constitute a nuisance that may be remedied by the City at the owner's expense. Any applicant for a new communication tower shall place a bond or other security with the City prior to any final approval for the purpose of removing any tower as required herein, and to compensate the City for performing proper maintenance of such tower to insure such towers do not become unsafe or otherwise fail to comply with the requirements of this chapter. The bond or security shall be in the form approved by the City Manager, and in the amount of fifty thousand ($50,000.00) dollars, or such other amount as determined by the City Manager to satisfy the requirements hereof with regard to the specific tower to which it would apply.

9.

No advertising signs shall be allowed on the communication tower.

10.

No outdoor storage shall be allowed on the site containing the communication tower.

11.

The site containing the communication tower shall be surrounded by a sight-proof fence of at least six feet in height.

12.

Prior to approval of a communication tower by the City Council, the applicant shall document its efforts to locate the communication tower on publicly owned land including but not limited to federal, state, county, municipal, school district, library district, and fire district land.

13.

Prior to approval of a communication tower by the City Council, the applicant shall document efforts to locate the communication tower as a disguised structure, such as a church steeple or as vegetation.

14.

No communication tower shall be approved in the R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-4, or PMUD districts unless said communication tower can be constructed as a disguised structure, such as a light pole, flagpole, church steeple, or as a vegetation consistent with the area of placement and with an appearance designed to impose the least intrusion on the existing surroundings.

15.

No communication tower shall be approved in the R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-4, or PMUD districts unless efforts are first made to locate said communication tower on municipally owned property and the applicant shows good cause why said tower cannot be located on municipally-owned property.

16.

In the R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-4, or PMUD districts, if said communication tower cannot reasonably be located on a municipally-owned property, then said tower may only be located on other publicly-owned land.

(Ord. No. 97-2896, 2-25-97; Ord. No. 2000-3072, 2-22-00; Ord. No. 2006-3269, 6-13-06)

Short-term loan establishments may be allowed by special use permit in the M-1 Industrial District based on the criteria in subsection 23.4 of this section and the following additional criteria. In the event that a Special Use Permit is granted by the City Council for a short-term loan establishment, such permit shall, at a minimum, be subject to the conditions set forth in this subsection.

Additional Criteria for Reviewing Applications. In considering whether or not such application for a special use permit should be granted, it shall be the duty of the Commission and the Council to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the city generally. In considering the special use, the Commission and the Council shall consider the following:

1.

Whether the use meets the criteria set forth in subsection 23.4 applicable to all special uses.

2.

Whether there is an over-concentration of such uses in a particular area. For purposes of this subsection "over-concentration" shall mean a similar use within two miles of the proposed establishment or more than one such establishment per 10,000 population. Where an over-concentration of such uses is found, no special use permit shall be granted.

3.

No special use permit shall be granted for a proposed establishment which is within 1,000 feet of any residential property.

4.

No special use permit shall be granted for any entity which does not hold a valid and current license to conduct such business by the State of Missouri.

Conditions on such Special Uses. All special use permits granted for short-term loan establishments shall be subject to the following conditions regardless of whether such conditions are expressly stated in the Council's ordinance granting the special use permit.

1.

The establishment shall comply with all special conditions found by the City Council to be reasonable and necessary for such use.

2.

The establishment's license granted by the State of Missouri shall be maintained and remain valid and in good standing at all times during the term of the permit.

3.

The establishment shall operate only between the hours of 9:00 a.m. and 6:00 p.m. And, there shall be no overnight operations or sleeping in the building where the short-term loan establishment is located.

4.

The establishment shall not cause or maintain any nuisance.

5.

The property shall not be used for the issuance of money orders, cashing of checks, or the sale of lottery tickets.

6.

There shall be no overnight parking on the site where the establishment is located.

7.

No equipment, vehicles or other personal property that has been repossessed, seized or taken from customers shall be placed, parked or stored on the property where the establishment is located.

8.

There shall be no retail sales on the property where the establishment is located and there shall be no auctions held on the property where the establishment is located.

9.

All signage shall be approved in advance by the City. One sign shall be allowed on the property and the printing on such sign shall be limited to the name of the establishment. The sign shall contain no flashing lights, streamers, strobe lights, or neon. The sign shall conform, in all other respects, with the ordinances of the City of Ferguson.

10.

Under no circumstances shall extra advertising materials be utilized on the property. Extra advertising materials shall include, but not be limited to, balloons of any size, inflatables, banners, streamers, additional signs, lights, flags and other materials used for advertising or attracting attention to the business of nearby persons and motorists.

11.

There shall be no writing, printing, or coloration of either side of the windows and doors. There shall be no writing, printing, or coloration of other portions of the building which constitute the exterior of the building or which are viewed from the exterior of the building. However, the phone number and office hours of the establishment may be printed on the front door of the establishment using letters and numbers that do not exceed two inches in height.

12.

The establishment shall provide adequate security measures for its customers entering and leaving the establishment and for its employees during the hours of operation. Adequate security measures shall include: a uniformed security guard or off-duty police officer; security cameras linked with a security company or the police department; or "panic buttons" or other type of alarm linked with a security company or the police department.

13.

The special use permit shall not be transferable or assignable.

14.

The special use permit shall expire one year after issuance and the establishment must file the appropriate application for renewal of the special use permit in order to extend the operation of the establishment. In determining whether the special use permit should be renewed, the Planning and Zoning Commission and the City Council shall review of the establishment's operation and the use and shall determine whether such use continues to meet the criteria set forth in subsections 23.4 and 23.8 of the Zoning Code and whether the establishment has complied with the conditions of such permit.

15.

The special use permit shall be revoked upon: i) breach or failure to comply with the conditions of this permit, ii) violation of ordinance, iii) disciplinary action or other action affecting the status of the holder's state license, and iv) as otherwise provided by ordinance or other applicable law.

(Ord. No. 2008-3354, 5-13-08)