Higginsville City Zoning Code
ARTICLE VIII
Conditional Use Regulations
Section 410.455 Generally.
[R.O. 2009 §410.455; Ord. No. 2040 §8, 9-15-2003]
The Board of Aldermen by conditional use permit,and subject to such protective restrictions as it deems necessary, may authorize the location, extension or structural alteration of any one (1) of the buildings or uses listed in each district as a conditional use. No conditional use permit may be granted until the Planning Commission has held a public hearing and submitted its recommendations. Conditional use permits shall be issued to tenants and operators.
Section 410.460 Introduction.
[R.O. 2009 §410.460; Ord. No. 2040 §8-1, 9-15-2003]
Conditional uses are those type of uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district or where product, process, mode of operation or nature of business may prove detrimental to the health, safety, welfare or property values of the immediate neighborhood and its environs. Within the various zoning districts, specific uses may be permitted only after additional requirements are complied with as established within this Article.
Section 410.470 Application For Conditional Use Permit.
[R.O. 2009 §410.470; Ord. No. 2040 §8-2, 9-15-2003]
A.
A written application shall be filed with the Zoning Administrator to obtain a conditional use permit for the uses hereinafter set forth in this Article or for uses previously issued a conditional use permit where alteration or an extension is requested.
B.
Upon receipt of an application, together with a site plan and necessary descriptive material of the entire parcel including all permitted and conditional uses, the Zoning Administrator shall submit the application to the Planning Commission. A fee (as indicated in Appendix A to this Chapter) shall be paid upon the filing of each application for a conditional use permit.
Section 410.480 Planning Commission Review.
[R.O. 2009 §410.480; Ord. No. 2040 §8-3, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
The Commission shall hold a public hearing in accordance with the procedures set forth in Article XIV and review the application based on the criteria set forth in Section 410.500 of this Article, approve or disapprove the application and submit a report of its recommendations to the Board of Aldermen within sixty (60) days. Failure of the Commission to act within sixty (60) days after official submission to it shall be deemed approval.
Section 410.490 Action By The Board of Aldermen.
[R.O. 2009 §410.490; Ord. No. 2040 §8-4, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
No action shall be taken upon any applications for a proposed building or use referred to above until and unless the report of the Planning Commission has been filed; provided however, that if no report is received from the Commission within sixty (60) days, the Board of Aldermen may proceed with its action upon the application. A two-thirds (2/3) majority vote of the Board of Aldermen shall be required to authorize and approve the issuance of any conditional use permit contrary to the recommendation of the Planning Commission.
Section 410.500 Criteria For Reviewing All Applications.
[R.O. 2009 §410.500; Ord. No. 2040 §8-5, 9-15-2003]
A.
In considering whether or not such application for a conditional use permit should be granted, it shall be the duty of the Planning Commission and the Board of Aldermen 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 conditional use, the Commission and the Board should consider the following:
1.
The proposed conditional use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitations.
2.
The proposed conditional use at the specified location will contribute to the health, safety, welfare or convenience of the public.
3.
The proposed conditional use will not cause substantial reduction to the value of other property in the surrounding neighborhood or to the City's overall tax base.
4.
The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations.
5.
The size, floor area, mass and general appearance of the proposed structure is compatible with adjacent structures and buildings in the surrounding properties and neighborhood.
6.
Adjacent streets have the capacity to handle increased traffic volumes both on a daily basis and at peak times.
7.
Adequate access roads or entrance and exit drives will be provided to minimize traffic congestion and hazards in public streets and alleys.
8.
Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations and such areas will be screened from adjoining residential uses and located so as to protect such residential uses from any injurious effect.
9.
Adequate utilities, drainage and other facilities will be provided.
10.
The impact of night lighting in terms of intensity, duration and frequency of use on adjacent properties is minimized.
11.
The added noise created by activities associated with the proposed use on adjacent properties is minimized.
Section 410.510 Standards For Issuance of Conditional Use Permits.
[R.O. 2009 §410.510; Ord. No. 2040 §8-3, 9-15-2003]
A.
Before any permit shall be granted, the Planning Commission shall make written findings certifying that adequate provision has been made for the following:
1.
The location and size of the proposed use in relation to the site and to adjacent sites and uses of property and the nature and intensity of operations proposed thereon.
2.
Accessibility of the property to Police, fire, refuse collection and other municipal services; adequacy of ingress and egress to and within the site; traffic flow and control; and the adequacy of off-street parking and loading areas.
3.
Utilities and services, including water, sewer, drainage, gas and electricity, with particular reference to location, availability, capacity and compatibility.
4.
The location, nature and height of structures, walls, fences and other improvements; their relation to adjacent property and uses; and the need for buffering or screening.
5.
The adequacy of required yard and open space requirements and sign provisions.
6.
The general compatibility with adjacent properties, other properties in the district and the general safety, health, comfort and general welfare of the community.
Section 410.520 Additional Conditions For Conditional Uses.
[R.O. 2009 §410.520; Ord. No. 2040 §8-4, 9-15-2003]
In granting a conditional use, the City may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such conditional uses upon other property in the neighborhood and to carry out the general purpose and intent of these regulations. The use standards specified for the uses listed in Article V shall also be requirements for the approval of a conditional use permit.
Section 410.530 Conditions, Safeguards and Restrictions.
[R.O. 2009 §410.530; Ord. No. 2040 §8-6, 9-15-2003]
In granting a conditional use, the City may impose such conditions, safeguards and restrictions upon the premises benefited by the conditional use as may be necessary to reduce or minimize any potential injurious effect of such conditional uses upon other property in the neighborhood and to carry out the general purpose and intent of these regulations. Such restrictions may implement general City plans and policies, requirements of the zoning ordinance and other City ordinances.
Section 410.540 Transferability.
[R.O. 2009 §410.540; Ord. No. 2040 §8-7, 9-15-2003; Ord. No. 2590 §1, 7-20-2015]
Conditional use permits allow an approved use on a specific site. Conditional use permits are to remain in place under new ownership or new operator, so long as the use is not substantially altered and all conditions of the permit remain in place.
Section 410.550 Revocation.
[R.O. 2009 §410.550; Ord. No. 2040 §8-8, 9-15-2003]
The Board of Aldermen may revoke all or part of a conditional use permit if it is not put into use within twelve (12) months of the date of approval. The Board of Aldermen after a public hearing may revoke a conditional use permit for failure of compliance with the regulations and restrictions of this Chapter or the requirements of the conditional use permit.