Hazelwood City Zoning Code
ARTICLE X
Special Land Use Permit
Section 405.415 Purpose and Intent.
[Ord. No. 3674 §§1—3, 8-17-2005]
The purpose and intent of this Article is to impose more control over certain uses, although they may be considered to be desirable, may, because of the nature of their operations, generate excessive traffic, noise or other pollutants, overtax public utilities, pose a potential for accidents or danger to public health or safety or have a potentially detrimental effect on the value or potential development of adjacent properties. These Special Land Use Permits are not allowed by "right" without consideration of existing conditions at the proposed site and neighboring properties and the establishment of special development safeguards or conditions for the proposed Special Land Use Permit.
Section 405.420 Authority.
[Ord. No. 3674 §§1—3, 8-17-2005]
Subject to review and recommendation by the City Plan Commission, the City Council shall have the authority to grant by ordinance Special Land Use Permits, subject to such conditions relative to site design, operations, safeguards, time limitations for development, and other standards as established in this Article, in addition to the underlying zoning district regulations.
Section 405.425 Application and Fee.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4674-19, 4-17-2019]
Applications for a Special Land Use Permit shall be obtained from the City and completed by the applicant prior to processing and review by the City. A filing fee, as set forth in the fee schedule kept in the offices of the City Planner, shall be paid to the City Clerk at the time the application is submitted.
Section 405.430 Processing and Review Procedure.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
The procedure for requesting and obtaining a Special Land Use Permit follows the same procedure as that outlined in Article V "Administrative and Legislative Procedures" of this Chapter. These steps include the following sequence of actions:
1.
Filing a Special Land Use Permit application form along with the required site plan, exhibits and other information with the City Plan Commission.
2.
Submission of report by the City Plan Commission to the City Council recommending approval or denial of the Special Land Use Permit.
3.
Publication by the City of Hazelwood of a notice of public hearing before the City Council.
4.
Public hearing by the City Council.
5.
The City Council, subject to the recommendation by the City Plan Commission, may grant or deny the Special Land Use Permit. If approval is granted, special conditions and protective restrictions as are deemed necessary may be imposed by the City Council as part of the authorization of the Special Land Use Permit.
Section 405.435 Site Plan Review Procedures.
[Ord. No. 3674 §§1—3, 8-17-2005]
All Special Land Use Permits shall be subject to the requirements of Article XIV "Site Plan Requirements and Review Procedure" of this Chapter.
Section 405.440 Lot Area, Yard, Off-Street Parking and Loading, Landscaping/Buffering and Other Requirements.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Any development or use authorized by a Special Land Use Permit shall abide by the lot area, lot dimensions, yard requirements, off-street parking and loading requirements and other development standards and requirements of the particular zoning district in which the Special Land Use Permit is located. However, these requirements may be made more restrictive in the conditions of the ordinance governing the development or use authorized by the Special Land Use Permit.
B.
Landscaping and buffering requirements shall be provided per Article XIII "Landscaping and Screening Requirements" of this Chapter. However, these requirements may be made more restrictive in the conditions of the ordinance governing the development or use authorized by the Special Land Use Permit. Supplemental development requirements as appropriate and applicable shall also be administered per Article IX "Supplementary District Regulations" of this Chapter.
Section 405.445 Criteria For Considering Special Land Use Permit Application.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 3698-05 §3, 11-16-2005]
A.
In considering any Special Land Use Permit application and the subsequent issuance of such permit, the City Plan Commission and the City Council will give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The City Plan Commission and City Council also may consider other factors that may be relevant to a particular application.
1.
Consistency with the goals, objectives and policies of the City's Comprehensive Plan.
2.
Consistency with the intent and purpose of the zoning district in which the Special Land Use Permit is being requested.
3.
Satisfaction of the conditions and requirements applicable to the requested Special Land Use Permit.
4.
Will satisfy a public necessity for the Special Land Use Permit.
5.
The existing uses and zoning of nearby property.
6.
The length of time the lot(s) has remained vacant as currently zoned considered in the context of land development adjacent to and in the vicinity of the subject property.
7.
The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution and other environmental harm.
8.
The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed special use.
9.
The preservation of significant natural and environmental features and historical and architectural resources.
10.
Will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
11.
Will not adversely impact and be detrimental to the use and enjoyment of properties in the immediate vicinity.
12.
Will allow uses having adequate utilities, access, parking and services.
13.
Will not adversely impact traffic, public utilities and facilities, property values and natural, environmental or historical features.
14.
Will in all respects conform to the applicable regulations and laws
15.
The recommendations of the City staff of the City of Hazelwood.
16.
No adult bookstore, adult entertainment facility or establishment, bathhouse, massage parlor or modeling studio shall be permitted within one thousand two hundred (1,200) feet of any religious institution, school, public park or any property zoned for residential use, or any City boundary. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment establishment to the closest point on any property line of the religious institution, school, public park or the property zoned for residential use, or to the closest point of the City boundary.
17.
No adult entertainment establishment shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment establishment or of any business licensed to sell or serve alcoholic beverages whether or not such business is also an adult entertainment establishment as defined in this Section. The distance between any two (2) adult entertainment establishments or between an adult entertainment establishment and a business selling or serving alcoholic beverages shall be measured in a straight line from the closest exterior structural wall of each business without regard to intervening structures.
18.
All access to and from the adult entertainment establishment shall be provided from a street classified as a public right-of-way.
19.
The property on which an adult entertainment establishment is located shall have a minimum of one hundred (100) feet of frontage on a public right-of-way.
20.
An adult entertainment establishment and the parking for such facility shall have a front yard setback of thirty (30) feet, a side yard setback of six (6) feet and a rear yard setback of ten (10) feet.
21.
Off-street parking for an adult entertainment establishment shall be provided pursuant to Appendix B: Dance Hall, Night Club, Similar Uses.
22.
All landscaping and screening requirements for an adult entertainment establishment otherwise required by the Hazelwood City Code shall be observed.
23.
An adult entertainment establishment shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities form any pedestrian, sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the adult entertainment establishment.
24.
An adult entertainment establishment shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per one (1) foot of wall length, not to exceed a total of fifty (50) square feet. Said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Said sign shall not exceed eight (8) feet in height from ground level. Further, no merchandise, symbol, or pictures of products or entertainment on the premises shall be displayed in window areas or on any sign or on any area where such merchandise or pictures can be viewed from the exterior of the building. No flashing lights and/or lighting which leave the impression of motion or movement shall be permitted. No temporary signs shall be permitted.
Section 405.450 Establishment of Conditions For The Special Land Use Permit.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
In establishing a Special Land Use Permit, conditions determined as necessary and appropriate to prevent or minimize adverse impacts on other properties may be developed and imposed for the Special Land Use Permit. These conditions may include, but shall not be necessarily limited to:
1.
Limitations on use and square footage of buildings.
2.
Requirements for specific construction materials.
3.
More restrictive height limitations than the underlying zoning district requirements.
4.
More restrictive minimum lot area, dimension and yard requirements than the underlying zoning district requirements.
5.
Additional landscaping, buffering and screening requirements.
6.
More restrictive parking and loading requirements.
7.
Limitations on hours of operations.
8.
Limitations on site lighting.
9.
More restrictive sign regulations.
10.
Noise mitigation measures.
11.
Time limit on length of utilization of the Special Land Use Permit.
12.
Other requirements as deemed necessary by the City Plan Commission and/or City Council.
Section 405.455 Amendment To A Special Land Use Permit.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Any change in the scope, use or aspect of an operation approved for a Special Land Use Permit which results in a condition that differs from the provisions contained in the approved Special Land Use Permit requires the approval of an amendment. All requests for amendments must be filed on an application form available through the Department of Public Works. As part of the application submission, additional documentation or pertinent information related to the amendment may be required. A location expansion of the Special Land Use Permit shall be adjacent or contiguous to the present location.
B.
Amendments that in the view of the City Planner or his/her designee represent a substantial change from the provisions of the originally approved Special Land Use Permit shall be referred to the City Plan Commission for review and recommendations prior to approval by the City Council per the regulations outlined in Article V, "Administrative and Legislative Procedures" of this Chapter and shall be subject to an additional filing fee as set forth in the fee schedule kept in the offices of the City Planner. The following is a list of amendments that represent a substantial change from the provisions of the originally approved Special Land Use Permit.
[Ord. No. 4674-19, 4-17-2019]
C.
Requests for amendments that are deemed by the Director of Public Works or his/her designee to represent minor change(s) from the provisions of the originally approved Special Land Use Permit shall be reviewed by staff for completeness and subject to staff approval. No additional filing fee is required for those amendments representing minor change(s). The following is a list of amendments that may, at the discretion of the Director of Public Works or his/her designee, represent minor changes from the provisions of the originally approved Special Land Use Permit:
1.
Change in hours of operation;
2.
Change in days of operation;
3.
Increase or decrease in outdoor dining capacity;
4.
Change in business or trade name, when ownership and nature of business or trade remains the same;
5.
Other changes deemed to be similar by the Director of Public Works or his/her designee.
D.
If the Director of Public Works or his/her designee deems the request for amendments represents a minor change(s) from the provisions originally approved, the Director of Public Works or his/her designee shall notify the City Council person for which ward such Special Land Use Permit amendment is requested. The Council person in which ward the request is made shall be given fifteen (15) days to respond to the request for the amendment. If the Council person does not respond in fifteen (15) days, the request will be processed administratively.
Section 405.460 Vesting of Rights.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
The mere issuance of a Special Land 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.
C.
The right to continue the special use that was permitted prior to the effective date of this Chapter shall last only as long as specified by the Special Land Use Permit.
D.
As of the effective date of this Chapter, existing Special Land Use Permits shall be subject to the provisions for transferability as expressed in this Chapter.
E.
Uses that are allowed without a Special Land Use Permit prior to the effective date of this Chapter, but designated as special uses in this Chapter, shall be allowed to continue as non-conforming uses if the requirements of Article XI "Non-Conforming Lots, Buildings, Structures and Uses" of this Chapter are satisfied.
Section 405.465 Transfer of A Special Land Use Permit.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Any change in the ownership or operating entity named as the permittee of the approved Special Land Use Permit will require a Special Land Use Permit Transfer.
B.
All requests for transfers must be filed on an application form available through the City Planner. Additional documentation regarding ownership of the operation and sale/lease arrangements may also be required as part of the application process. A fee, as set forth in the fee schedule kept in the offices of the City Planner, shall be paid to the City Clerk at the time of the request for transfer.
[Ord. No. 4674-19, 4-17-2019]
C.
Transfers that in the view of the Director of Public Works or his/her designee represent a substantial change from the provisions of the originally approved Special Land Use Permit shall be subject to review and approval by the City Council as per the regulations outlined in Section 405.455 of this Article. The following is a list of transfers that represent a substantial change from the provisions of the originally approved Special Land Use Permit:
D.
Requests for transfers that are deemed by the Director of Public Works or his/her designee to represent minor change(s) from the provisions of the originally approved Special Land Use Permit shall be subject to staff approval. The following is a list of amendments that may, at the discretion of the Director of Public Works or his/her designee, represent minor changes from the provisions of the originally approved Special Land Use Permit:
E.
If the Director of Public Works or his/her designee deems the request for transfer represents a minor change(s) from provisions originally approved, the Director of Public Works or his/her designee shall notify the City Council person for the ward such Special Land Use Permit transfer was granted. The Council person in which ward the request is made shall be given fifteen (15) days to respond to the request for the transfer. If the Council person does not respond in fifteen (15) days, the request will be processed administratively.
Section 405.475 Lapse of A Special Land Use Permit.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 3740-06 §1, 4-19-2006; Ord. No. 4674-19, 4-17-2019]
A.
A Special Land Use Permit, in which no vested right has been established, shall lapse and become void unless the applicant applies for a occupancy permit for the proposed use and operation has commenced in an existing building within six (6) months; or has applied for a building permit for any new building and construction is started within six (6) months and is in full operation within one (1) year of the date of approval of the Special Land Use Permit by the City Council. Upon the written request of the property owner and for good cause shown, the City may grant an extension of time, not to exceed one (1) year, under such conditions as it determines. An application for an extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period. All construction and site development must be completed within one (1) year after the date of renewal of the Special Land Use Permit or the permit shall terminate.
B.
At the time an application for extension is submitted to the City, a fee, as set forth in the fee schedule kept in the offices of the City Planner, shall be paid to the City Clerk
Section 405.480 Expiration and Renewal of A Special Land Use Permit.
[Ord. No. 3674 §§1—3, 8-17-2005]
A Special Land Use Permit shall be valid for either a limited period of time to be specified in the terms and conditions of the permit or permanently if so specified in the conditions of the permit. A time limited Special Land Use Permit may be renewed upon application to the City Council subject to the same procedures, standards and conditions as in the original application. If not renewed, the permit shall terminate and the property's use shall be only for that authorized in the underlying zoning district. A Special Land Use Permit shall be null and void if for any reason the permittee ceases operation for a period of six (6) months.
Section 405.485 Revocation of A Special Land Use Permit.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Any Special Land Use Permit granted under the authority of this Article is subject to revocation for any or all of the following reasons:
1.
Non-compliance with any applicable requirements as set forth in this Article.
2.
Non-compliance with any special conditions imposed at the time of approval or renewal of the Special Land 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 of such persons to engage in the permitted use.
5.
Attempted transfer of a permit in violation of this Article.
6.
Revocation is necessary to preserve the public health, safety and welfare.
Section 405.490 Procedure For Revocation.
[Ord. No. 3674 §§1—3, 8-17-2005]
No Special Land Use Permit shall be revoked unless a majority of the City Council is satisfied by preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a Special Land Use Permit shall clearly state the grounds for revocation.