Grain Valley City Zoning Code
SECTION 400
240 Conditional Uses.
[R.O. 1996 § 400.240; Ord. No. 1084 § 280, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
Any of the following uses may be allowed by special permission of the Board of Aldermen after recommendation from the Planning and Zoning Commission under the standard included herein and under such conditions as the Board of Aldermen may impose and after public hearing by the Planning and Zoning Commission and public hearing by the Board of Aldermen, provided that in the judgment of said Board such use will not seriously injure the appropriate use of neighboring property and will conform to the general intent and purpose of this Chapter and shall comply with the height and area regulations of the district in which such use may be located and, providing further, that such permission shall be for a limited period of time, renewable by the Board of Aldermen upon expiration and subject to the rules and restrictions prescribed by the Board of Aldermen. Conditions may include, but shall not be limited to: requirements for special yards, open spaces, buffers, fences, walls and screening; requirements for the installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications; regulation of vehicular ingress and egress and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; requirement for a sketch showing access, parking and building locations; and such other conditions as the Board of Aldermen may deem necessary to insure compatibility with surrounding uses and to preserve the public health, safety and welfare.
1.
Specified Uses.
a.
Aviation fields, airports and heliports, including the sale of aviation fuel as an accessory use, under such restrictions as the Board of Aldermen may impose on land, buildings or structures, within an approach or transition plan or turning zone, as defined in Section 400.260, to promote safety of navigation and prevent undue danger from confusing lights, electrical interference or other hazards. Such uses are allowed only in Districts "A," "M-1" and "M-2"(heliports shall be allowed as an accessory use of a hospital), provided the following conditions are met:
(1)
Plans of any airport or heliport shall include all approach and departure paths as necessary to assure safe and adequate landing and take-off area and shall be supplemented by a favorable report by the local airport district office of the Federal Aviation Administration (FAA).
(2)
Adequate safety provisions shall be provided and indicated by plans which control or restrict access to the landing and take-off areas by the general public.
(3)
Landing and take-off areas shall be surfaced in such a manner as to avoid the blowing of dust or dirt onto neighboring property.
b.
Bookstores, Adult. Adult bookstore, adult nightclub and adult motion picture theater, only in "C-1" and "C-2," provided that such use not be established within one thousand two hundred fifty (1,250) feet of any church, school, day care facility, public building, public park, hospital or area zoned for residential use, and further provided, that no more than two (2) of the uses regulated by Section 400.240(A)(1)(b) or Section 400.240(A)(1)(q) may be located within one thousand two hundred fifty (1,250) feet of each other. The one thousand two hundred fifty (1,250) foot restriction between such regulated uses may be waived by the Board of Aldermen after review and recommendation by the Planning and Zoning Commission if the applicant can show the following and it is found that:
(1)
The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this Chapter will be observed.
(2)
The proposed use will not enlarge or encourage the development of a "blighted" area as defined in Section 100.310, RSMo.
(3)
The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.
(4)
All applicable regulations of this Chapter will be observed.
c.
Cemeteries, burial grounds, graveyards, mausoleums or crematories, provided that all applicable State regulations are met.
d.
Clubhouses, country club and golf course, subject to meeting all the conditions and restrictions set forth below:
(1)
The property shall be at least four (4) acres in size.
(2)
The property shall have direct access to a primary or secondary major thoroughfare or marginal access street or the club property, when in connection with a subdivision plan or an overall plan for community development, may be located on a minor street or streets having a minimum right-of-way width of sixty (60) feet and a minimum pavement width of thirty-six (36) feet between the club site and a primary or secondary major thoroughfare or marginal access street.
(3)
The front, side and rear yard for all buildings and structures, including outdoor recreation areas and parking lots, but excluding fences and walls, shall be at least thirty (30) feet in width or depth.
(4)
Off-street parking shall be provided on the basis of one (1) space for every two (2) members.
(5)
Vehicular access shall only be from a major street or, when the club site is located on a minor street, vehicular access shall be only from a minor street having a minimum right-of-way of sixty (60) feet and a minimum pavement width of thirty-six (36) feet.
(6)
Parking areas shall be hard-surfaced and outdoor recreation facilities and parking areas shall be appropriately screened by landscaping or a wall where adjacent to adjoining residential property. Outdoor lighting shall be so designed as to reflect away from adjoining residential property. Outdoor recreation facilities shall not be used later than 10:00 P.M. and lighting for such facilities shall be turned off at that time.
e.
Day care center, if center is planned in a family home occupied by the day care provider. A day care facility in a family home which receives more than four (4) children for care for any part of the twenty-four (24) hour day is considered a center. The following requirements shall apply:
f.
Golf driving range, commercial or illuminated, in Districts "A," "C-3," "M-1," "M-2."
g.
Miniature golf courses.
h.
Group homes.
(1)
Group home facility as a residential facility for the care of individuals who, upon completion of a course of treatment in a facility which provides an extensive treatment program for individuals with disabling emotional disturbances, are in need of an interim structured living situation to allow for their resocialization and reintegration into community living or for a group of developmentally disabled individuals only in Districts "A," "R-1," "R-1A," "R-1B," "R-1C," "R-2," "R-3" and "R-4." Group home facilities do not include any home in which eight (8) or fewer unrelated mentally retarded or physically handicapped persons reside (Section 89.020, RSMo.). A group home facility shall be subject to the following conditions and restrictions:
(a)
That the maximum number of persons in a facility shall not exceed ten (10) individuals and two (2) resident staff members.
(b)
That the facility shall provide off-street parking in the ratio of one (1) space per every four (4) individuals and one (1) space per every resident staff member.
(c)
That the parking shall be adequately paved and screened from adjoining properties.
(d)
That the facility shall be a secondary facility operated and maintained by a facility which provides intensive treatment for individuals with disabling emotional disturbances or a contract facility wherein the individuals remain under the jurisdiction of the County or the State or a facility operated for developmentally disabled.
(e)
That the property shall have a minimum lot area of ten thousand (10,000) square feet.
(f)
That there shall be a minimum building size of two hundred fifty (250) square feet per resident and resident staff.
(g)
That there shall be no exterior evidence of such a use and there shall be no sign advertising the nature of the use.
(h)
That the facility shall not be used as a residence for substance abusers or ex-offenders.
(i)
That at the time of original approval no facility shall be located within five hundred (500) feet of another such facility or of a halfway house, a convalescent home, a children's nursery or a group day-care home; provided, however, that the Board shall have the authority to waive this requirement, provided that the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable manmade or natural barrier.
(j)
That the residential character of the structure shall be maintained.
(k)
That the applicant shall demonstrate there is not a negative impact on property within five hundred (500) feet of the proposed facility and such facility will maintain the residential character of the neighborhood.
(l)
That the permit shall be limited to a two (2) year period but may be renewed by the Board after a public hearing; provided, that in any request for renewal the applicant shall demonstrate the character of the neighborhood has been maintained, there has been no negative impact upon properties within five hundred (500) feet, and the facility has been maintained in accordance with the standards established in the Code of Ordinances.
(2)
Convalescent, nursing and old folks' homes in Districts "A," "R-1," "R-1A," "R-1B," "R-1C" and "R-2," subject to meeting the following conditions and restrictions:
(a)
The property shall have a minimum lot area of twenty thousand (20,000) square feet and shall have a minimum lot width of one hundred (100) feet.
(b)
Not less than five hundred (500) square feet of lot area is provided for each patient.
(c)
Side yards are at least one hundred percent (100%) greater than the side yard required in the district.
(d)
Off-street parking is provided for on the basis of one (1) space for each living unit; or, in the case of dormitory design, one (1) space for each four (4) beds and one (1) space for each employee.
(e)
The number of beds, if dormitory design, does not exceed six (6) times the number of dwelling units per square foot of lot area in the district in which the use is located; or the number of living units does not exceed twice the number of dwelling units per square foot of lot area in the district in which the use is located.
(f)
A permit may be issued for a specified period, as well as for an unlimited time, at the request of the applicant and at the discretion of the Board. If the permit is for a specified period of time, the Board may renew the permit upon expiration.
i.
Gun clubs, skeet or trap shoots and outdoor target or archery ranges for a period of two (2) years and renewable by the Board after a public hearing. Such use shall be located on land at least two (2) acres in size.
j.
Halfway houses for parolees, prisoners or juvenile delinquents, provided the use is not within twelve hundred fifty (1,250) feet of any church, school, day care facility, public building, public park, hospital or area zoned for residential use, subject to the following conditions:
(1)
One (1) parking space per every four (4) residents, including staff residents.
(2)
Paving and screening of all parking area.
(3)
Minimum lot area of twenty-thousand (20,000) square feet.
(4)
No more than twelve (12) residents (including resident staff).
(5)
No exterior evidence of such use and no sign advertising such use.
(6)
There shall be a minimum building size of three hundred (300) square feet for each resident and resident staff.
(7)
At the time of original approval, no facility shall be located within twelve hundred fifty (1,250) feet of another such facility or a group home or a convalescent center or a children's nursery or boarding home or a group day care home; provided, however, that the Board shall have the authority to waive this requirement if the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable manmade or natural barrier.
(8)
That the facility shall maintain the residential character of the structure.
k.
Hospitals, substance abuse treatment facilities and mental health facilities, subject to such health and sanitation requirements as may be imposed by the Board of Aldermen or the health authorities of the City, County or State and provided there shall be at least three hundred (300) square feet of lot area for each patient or guest, with a minimum lot area of twenty thousand (20,000) square feet.
l.
Industrial or commercial activities that use or produce materials that can be offensive or dangerous by nature, subject to "M-1" or "M-2" performance standards. Such activities shall include, but are not limited to:
(1)
Acid manufacture.
(2)
Cement, lime, gypsum or plaster of paris manufacture.
(3)
Distillation of bones.
(4)
Explosive manufacture, storage or use.
(5)
Fertilizer manufacture, storage or use.
(6)
Gas manufacture.
(7)
Garbage, offal or dead animal reduction or dumping.
(8)
Hides and skins (storage, curing and tanning).
(9)
Meat or fish packing or storage plants.
(10)
Meat processing.
(11)
Petroleum or its products (refining of).
(12)
Smelting of tin, copper, mine or iron ores.
(13)
Stockyards or slaughtering.
(14)
Tar distillation or manufacture.
(15)
Wholesale storage of Class I liquids, only in "M-1" and M-2.
(16)
Wood distillation plants (charcoal, tar, turpentine, etc.).
m.
Landfills, sanitary and demolition, provided that all requirements of applicable State laws are met.
n.
Maintenance storage facilities and equipment yards for equipment owned and used by a homeowners' association in upkeep of common areas.
o.
Boat and recreational vehicle storage facilities, whether open yards or enclosed buildings, for use by members of a homeowners' association whose subdivision includes a lake within its platted boundaries. The facility is to be located on land owned by, leased by or under the control of the subdivision's homeowners' association. Approval is subject to the following restrictions:
(1)
Open yards are to be properly screened by means of a solid, sight-obscuring fence not less than six (6) feet in height. Screening directly adjacent to land zoned residential shall incorporate a row of evergreen trees spaced not less than fifteen (15) feet on center and located on the residential side of the screening fence.
(2)
All parking areas and access drives shall be paved in accordance with Section 400.290(A)(5)(a).
p.
Massage establishments, bathhouses, modeling studios, body painting studios and escort service or bureau or dating service or bureau, provided such use not be established within one thousand two hundred fifty (1,250) feet of any church, school, day care facility, public building, public park, hospital or area zoned for residential use and, further provided, that no such use be located within one thousand two hundred fifty (1,250) feet of any two (2) other uses regulated by Section 400.240(A)(1)(b) or 400.240(A)(1)(q). The one thousand two hundred and fifty (1,250) foot restrictions between such regulated uses may be waived by the Board of Aldermen after review and recommendation by the Planning Commission if applicant can show the following and it is found that:
(1)
The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this Chapter will be observed.
(2)
The proposed use will not enlarge or encourage the development of a "blighted" area as defined in Section 100.310, RSMo.
(3)
The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.
(4)
All applicable regulations of this Chapter will be observed.
q.
Mines, including the removing, screening, crushing, washing or storage of ore, sand, clay, stone, gravel or similar materials; concrete batching plants, asphalt plants and related industries; provided, however, that no permit shall be issued until and unless the location site plan and method of operation, including necessary structures, have been submitted to and approved in writing by the Planning and Zoning Commission and Board of Aldermen, which permit shall be for a limited period of time not to exceed ten (10) years, subject to regulations and restrictions prescribed by the Board of Aldermen.
(1)
Open face quarries, sand or gravel pits for the purpose of removing, screening, crushing, washing or storage of clay, stone, gravel or similar materials. Provision shall be made for the preservation or restoration of the ground surface and cover and such provision shall be shown on the plans submitted to the Board. Permit shall not exceed five (5) years but may be renewed by the Board after public hearing.
(2)
Underground mines or quarries or use of such underground mined-out areas for uses not otherwise permitted, provided the following conditions are met:
(a)
All surface access to such underground mine or quarry is from within Districts "M-1" and "M-2." All surface access to uses in any existing mined-out area is from within a district in which such use is permitted.
(b)
Surface and subsurface rights are in single ownership or under unified control or surface rights are dedicated to public use and subsurface rights alone are retained for mining and subsequent use.
(c)
No activities shall be conducted upon the surface of such mine.
(d)
Exhaust air vents, air shafts or other surface features necessary and incidental to the underground operation shall be enclosed on four (4) sides to a height of at least eight (8) feet. No noxious gas or fumes shall emanate from any exhaust air vent on the surface of such mine or mined-out area.
(e)
A plan of operation indicating the extent of the area proposed to be mined, accompanied by profiles describing any proposed subsequent use of the mined-out areas, shall be included with the site plan submitted to the Board.
r.
Convenience storage only in Districts "C-3," "M-1" and "M-2." Landscaping/ screening, exterior architecture and lighting must be approved by the Board of Aldermen.
s.
Nurseries, garden centers and greenhouses (retail and/or wholesale) or other retail or wholesale suppliers of fertilizer or manure products.
t.
Wells, storage tanks, tank batteries and cleansers and separators for oil and gas production, provided that all Missouri State Statutes and all regulations of the Missouri Department of Natural Resources and the Environmental Protection Agency shall be followed and, provided further, that all State permits shall be obtained prior to application for a special class permit.
(1)
Gas and oil drilling in any district, subject to the following conditions and restrictions:
(a)
Any oil or gas well within one hundred fifty (150) feet of a residential district shall be visually screened.
(b)
Any storage tank shall be located at least one hundred fifty (150) feet from the property line.
(c)
Any oil or gas well shall be removed after one hundred eighty (180) days of non-production, as determined by production records.
u.
Penal or correctional institutions.
v.
Processing or disposal plants, sewage or garbage, provided that all applicable State laws are met.
w.
Swimming pools, commercial.
x.
Radio and television stations, microwave towers, commercial broadcast towers and repeating towers, subject to the following conditions and requirements:
y.
Recreational areas, commercial.
(1)
Amusement parks, baseball or athletic fields, race tracks or fairgrounds and incidental concession facilities, subject to the following conditions:
(a)
The facilities and grounds shall be a sufficient distance from any area zoned residential so that noise, traffic generation and other effects will not be adverse to the residential neighborhood. Where the property adjoins the aforesaid zoning districts, no building or facility shall be nearer than one hundred (100) feet and no driveway or parking area shall be nearer than fifty (50) feet of such common boundary unless topography or other factors justify a lesser setback.
(b)
Plans for shrubbery, landscaping and fencing shall be presented to the Board and made a part of the permit.
(c)
Sound amplification system or any other noise caused by the operation shall not exceed sixty-five (65) decibels as measured at the property line.
(d)
Outdoor lighting shall be so designed as to reflect away from adjoining residential-zoned property.
(e)
Access to the property shall be directly from major streets (primary and secondary arterials).
(f)
Parking space for patrons and employees shall be provided on site equal to one (1) space for each five hundred (500) square feet of total site area exclusive of setback and parking areas or one (1) space for each four (4) persons based on the anticipated capacity, whichever is greater. The foregoing are minimum standards for parking; the Board may require additional parking if review of the proposed operation so indicates.
(g)
A permit may be issued for a specified period as well as for an unlimited time. If the permit is for a specified period of time, the Board may renew the permit upon expiration.
(2)
Picnic groves; fishing, recreation or swimming lakes; and pergolas, including concession facilities for patrons thereof.
z.
Equipment rental businesses that require outdoor storage.
aa.
Reservoirs, wells, towers, filter beds or water supply plants, provided that all Missouri State Statutes and all regulations of the Missouri Department of Natural Resources and the Environmental Protection Agency be followed.
ab.
Salvage yards, scrap yards, junk yards, automobile wrecking yard and similar operations, provided that operations are shielded from view from streets and from adjacent properties in another district by means of a sturdy, sight-obscuring eight (8) foot high fence in good repair and two (2) rows of alternate planted evergreen trees for screening purpose.
ac.
Drive-in theaters.
ad.
Toxic waste or hazardous materials disposal sites, subject to "M-1" and "M-2" performance standards and all applicable Federal, State and City regulations.
ae.
Travel trailer camps, subject to the following conditions:
(1)
The site selected for travel trailer camp areas shall be well drained and primarily designed to provide space for short-term occupancy to the traveling public. Location of the site may not necessarily front on a major roadway or thoroughfare, but it shall be directly accessible to the major roadway by means of a private road or public road on which it has frontage.
(2)
Minimum tract size shall be five (5) acres and be in one (1) ownership.
(3)
The maximum number of travel trailer spaces allowed within the permitted districts shall not be more than twenty (20) per acre. Consideration shall be given to whether the camp and the density level are designed accordingly. The densities of overnight use may be higher than destination type since it primarily serves as a short stopping point while the destination type camp located at or near a scenic, historical or outdoor recreational area provides for longer and extended stays of several days or weeks.
(4)
Minimum width of a trailer space shall be twenty-five (25) feet and it shall be so designed to provide space for parking both the trailer and towing vehicle off the roadway. No trailer unit shall be closer than ten (10) feet to any other adjacent unit, structure or roadway and all spaces shall have direct access to the roadway. No unit shall be placed closer than thirty (30) feet to any of the development property lines and shall be permanently maintained as a sodded and/or landscaped area.
(5)
The minimum open area required for a common use of the trailer camp shall be not less than ten percent (10%) of the gross area of the camp. Common open space shall be calculated as any open unoccupied area remaining after the dwelling spaces, buildings, roadways or streets, parking areas and the ten (10) foot permanent perimeter areas have been deducted. This open space shall be sodded and/or landscaped or otherwise designed and made available for recreational use.
(6)
A central office or convenience establishment with an attendant shall be provided within the trailer camp to register guests and provide service and supervision to the camp.
(7)
The applicant for a travel trailer camp shall submit a development plan for approval. Such plan shall contain the information as required below and any other information the City reasonably shall deem necessary to fully evaluate the proposed development.
(a)
Existing condition map showing:
(i)
Legal description of proposed property.
(ii)
Location drawing showing the existing development within one-half (1/2) mile radius of the proposed location.
(iii)
Existing site plan indicating the size of site, topography (not greater than five-foot contour intervals), right-of-way or easement locations, size and identification (water, gas, power, telephone, storm and sanitary sewer); existing structures; tree masses; drainage ways and any other unusual land forms or features.
(iv)
Date prepared, scale and north point.
(b)
Proposed development plans showing:
(i)
General layout of development with dimension sizes, number of spaces and related sanitation accommodation.
(ii)
Parking area location, sizes and capacity.
(iii)
Ingress and egress points for the project.
(iv)
Use of structures.
(v)
General layout of typical travel trailer space showing size of space and proposed improvements.
(vi)
General layout of the required common open space development indicating location of recreational areas and accessory convenience establishment.
(vii)
Location of permanent open space to be retained.
(viii)
Layout of roadway within the camp.
(ix)
Net density of proposed project, expressed in terms of units per acre.
(x)
General landscaping plan indicating all new and retained plant material to be incorporated within the new development and a layout of outdoor lighting system.
(xi)
Plan and method of sewage disposal and water supply.
(xii)
Location plan and number of proposed sanitary conveniences, including proposed toilets, washrooms, laundries and utility areas.
(xiii)
The development shall provide a general refuse storage area or areas which shall be provided with a paved concrete surface and shall be enclosed to screen it from view.
(8)
The travel trailer camps shall be planned and constructed in accordance with the minimum standards as established in this Section and as outlined below:
(a)
All parking areas and roadways shall be constructed and paved with a hard surface bituminous or concrete material.
(b)
All camps shall be provided with general outdoor lighting with a minimum of three-tenths (0.3) foot-candles of general illumination.
(c)
All yard areas and other open spaces not otherwise paved or occupied by structures shall be sodded and/or landscaped and shall be maintained.
af.
Newspaper, newsprint or book publishing plants under the following restrictions:
(1)
Construction of the building which encloses the printing presses shall be of masonry construction with penetrations occurring only to meet requirements of the Uniform Building Code as adopted by the City.
(2)
Adjacent to properties zoned or used for agricultural or residential purposes, the abutting side and/or rear yard shall be at least fifty (50) feet in width.
ag.
Recycling Facilities.
(1)
Definitions.
(a)
Recycling Facilities. Facilities that accept recyclable materials.
(b)
Reverse Vending Machine. Reverse vending machines are mechanical devices that accept one (1) or more types of empty beverage containers and issue a cash refund or redeemable coupon.
(c)
Recycling Collection Facility. A recycling collection facility is a facility for the deposit or drop-off of recyclable materials. A recycling collection facility is not a salvage yard. Such a facility does not do processing except limited baling, batching and sorting of materials. It is designed to allow for a combination of bins, boxes, trailers, reverse vending machines and other containers for the collection of recyclable materials.
(d)
Recycling Processing Facility. A processing facility receives material from the public and/or other recycling facilities and uses power-driven machinery to prepare materials for efficient shipment by such means as flattening, sorting, compacting, baling, shredding, grinding and crushing.
(e)
Recyclable Material. Recyclable material is "feedstock" used for direct conversion to manufactured products. It includes, but is not limited to: cans, bottles, plastic and paper. Items composed of more than one (1) material, such as salvaged vehicular parts, are generally not considered a recyclable material.
(2)
Applicability.
(a)
A conditional use permit for a recycling collection facility may be approved in a residential zoning district, provided:
(i)
The facility is located on the grounds of a church or school; and
(ii)
The conditions specified in Section 400.240(A)(1)(ag)(3) are met.
(b)
A conditional use permit for a recycling collection facility may be approved in District "A" and Districts "C-1" through "C-3" or any publicly owned property, inclusive, provided the conditions specified in Section 400.240(A)(1)(ag)(3) are met.
(c)
This Section does not apply to the following facilities:
(i)
Temporary recycling drives [see Section 400.230(C)(7)];
(ii)
One (1) reverse vending machine [see Section 400.230(C)(8)]; and
(iii)
Recycling Processing Facilities. A processing facility is considered a salvage yard and is subject to special use permit approval as required in Section 400.240(A)(1)(ad).
(d)
A recycling collection facility is allowed by right in Districts "M-1" and "M-2."
(3)
Conditions Of A Conditional Use Permit Approval.
(a)
The days and hours of operation are approved by the Board of Aldermen;
(b)
A site plan is submitted showing traffic circulation on the site and showing how the sign, lighting, landscaping and fencing requirements of the Zoning Ordinance will be met;
(c)
Materials are not stored or deposited on the premises in such form or manner that they may be transferred off the premises by natural causes or forces;
(d)
Storage of materials is not allowed outside of the semitrailers, bins, barrels or other appropriate containers;
(e)
Containers are painted and well-maintained;
(f)
The site is kept clean and free of litter and debris and weeds are controlled;
(g)
Rodents and other pests are controlled;
(h)
Activity is at least one hundred fifty (150) feet from other property zoned or used for residential purposes; and
(i)
Reverse vending machines are located and/or soundproofed such that noise of the operation is imperceptible from the property line of property zoned or used for residential purposes.
ah.
Temporary structures or buildings for commercial, industrial or institutional uses.
ai.
Kennels, only in "A" and "M" Districts.
aj.
Short-term loan establishments and title loan establishments subject to the following conditions.
[Ord. No. 2370 § 2, 10-26-2015]
(1)
No short-term loan establishment or title loan establishment shall be established within one thousand two hundred fifty (1,250) feet of any church, school, day care facility, public building, public park, hospital, cocktail lounge, restaurant where alcoholic beverages are sold for consumption on the premises, stores engaged in liquor sales, adult book stores, adult motion picture theaters, adult night clubs, or areas zoned for residential use.
(2)
No short-term loan establishment or title loan establishment shall be established within two thousand five hundred (2,500) feet of the boundary of the City.
(3)
No short-term loan establishment or title loan establishment shall be established within one thousand two hundred fifty (1,250) feet of any other short-term loan establishment or title loan establishment.
(4)
The separation distances provided herein shall be measured from or to the outer wall of the short-term loan establishment or title loan establishment, and from or to the property line of the property containing the church, school, day care facility, public building, public park, hospital, cocktail lounge, restaurant where alcoholic beverages are sold for consumption on the premises, store engaged in liquor sales, adult book store, adult motion picture theater, adult night club, or area zoned for residential use.
(5)
No conditional use permit for a short-term loan establishment or title loan establishment shall exceed three (3) years in duration.
(6)
No conditional use permit for a short-term loan establishment or title loan establishment shall be renewed if such short-term loan establishment or title loan establishment does not meet the criteria of this Section at the time of renewal.
(7)
Conditional use permits for short-term loan establishment or title loan establishment shall only be granted for areas zoned "C-1" or "C-2," and short-term loan establishment or title loan establishment shall comply with all restrictions of the zoning district where they are situated.
(8)
Nonconforming uses. In accordance with Section 400.270, any short-term loan establishment or title loan establishment that lawfully exists on the date this Subsection is enacted, which would not otherwise be permitted under this Subsection, may be continued as a legal nonconforming use in the same manner as existed before the effective date of this Subsection.
2.
Any use or operation permitted within this Section and operating at the time of the passage of this Chapter shall be deemed zoned under conditional uses, with permissive use granted until such time as the then existing special use permit expires. As of the effective date of this Chapter, existing permits shall be subject to the provisions for transferability as expressed in this Chapter.
3.
Vesting Of Rights.
a.
The mere issuance of a conditional use permit gives no vested rights to the permit holder.
b.
A right to continue a specially permitted use shall vest only if the project is constructed and the use is actually begun. Such right shall be subject to expiration and revocation under the terms of this Chapter.
4.
Transferability Of Permits.
a.
A conditional use permit may be conveyed with the land only if a right to continue the use has vested under the terms of Section 400.240(A)(3). The transfer of a permit in which no right has vested shall be invalid. Nothing in this Section shall be construed to alter the expiration date of permits or the authority of the Board of Aldermen to revoke a permit.
b.
A permit cannot be assigned or transferred to a different parcel of land.
c.
A permit holder may apply to the Planning Officer for a determination of whether a right to continue the use has vested under the terms of Section 400.240(A)(3) of this Chapter. Such application shall be made in accordance with procedures established by the Planning Officer.
d.
Every entity attempting to convey a conditional use permit shall give notice in writing to the Planning Officer within seventy-two (72) hours after having sold, transferred, given away or otherwise disposed of an interest in or control of a parcel of land for which a conditional use permit has been issued. Such notice shall include the name and address of the successor in interest or control of the parcel. Receipt of such notice shall not constitute acceptance of a invalid transfer.
5.
Lapse Of Permits. A conditional use permit in which no vested right has been established shall lapse and become void unless the applicant applies for any building permit incident to the proposed use within two (2) years of the date of approval by the Board of Aldermen. Upon the written request of the property owner and for good cause shown, the Planning Officer may grant one (1) extension of not more than one (1) year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.
6.
Expiration Of Permits. A conditional use permit shall be valid for a limited period of time to be specified in the terms of the permit. A permit may be renewed upon application to the Board of Aldermen, subject to the same procedures, standards and conditions as an original application.
7.
Revocation Of Permits.
a.
Any conditional use permit granted under the authority of this Section is subject to revocation for any or all of the following reasons:
(1)
Non-compliance with any applicable requirement as set forth in Section 400.240(A)(1).
(2)
Non-compliance with any special conditions imposed at the time of approval of the conditional use permit.
(3)
Violation of any provisions of the Code of Ordinances 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.
(4)
Violation of any other applicable provisions of the Code of Ordinances 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 conditional use permit or the qualifications such persons to engage in the permitted use.
(5)
Attempted transfer of a permit in violation of Section 400.240(A)(4) of this Chapter.
(6)
Revocation is necessary to preserve the public health, safety and welfare.
b.
Procedure For Revocation.
(1)
Revocation proceedings may be initiated by the Board of Aldermen.
(2)
Unless the permit holder and the landowner agree in writing that the permit may be revoked, the Board of Aldermen shall hold a public hearing to consider the revocation of the conditional use permit.
(3)
The City shall give the permit holder and landowner notice of the scheduled revocation hearing at least fifteen (15) days prior to the date scheduled for such hearing by certified mail, return receipt requested. If such notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City or by posting a notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.
(4)
The public hearing shall be conducted in accordance with rules of procedure established by the Board of Aldermen. At the conclusion of the public hearing, the Board may render its decision or take the matter under advisement.
(5)
No conditional use permit shall be revoked unless a majority of the Board of Aldermen is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a conditional use permit shall clearly state the grounds for revocation.