Conditional uses are those types of uses which are considered to be essentially desirable, necessary or convenient to the community but which by their nature, may create; (i) a tendency to generate additional traffic volume; (ii) an anticipated need for parking beyond the uses' private capacity; and/or (iii) a detrimental impact on adjacent or neighboring properties due to noise, pollutants or other characteristics associated with that particular use. In order to assure that detrimental impact is avoided or mitigated, each request for conditional use must be reviewed, approved and issued a conditional use permit. Conditional uses are listed for each zoning district.

Conditional use permits are required for all conditional uses designated by this zoning ordinance and for the enlargement, alteration, or extension of existing conditional uses.

The conditional use permit process must be initiated by submitting a completed application, providing plans, and supporting documentation. The property owner or leaseholder of a use may file a conditional use permit application. If an authorized agent or the leaseholder of the use is requesting the conditional use permit, the property owner must also sign the conditional use permit application. The planning commission or the city council may also initiate a conditional use permit application.

(Ord. No. 2308, § 1(B), 1-27-14)

An application for a conditional use permit shall be completed and filed with the department of public works division of housing and economic development. The application is available through the department of public works division of housing and economic development.

The application will provide a description of the plans and other pertinent information required for submittal by the applicant as part of the conditional use permit process.

(Ord. No. 2308, § 1(B), 1-27-14)

The applicant must submit one (1) original and ten (10) copies of the application and all required documentation to the director of public works division of housing and economic development. At the time that an application is filed, the applicant shall pay a fee as required by the Fee Schedule (Article 31 of this appendix). The fee shall be paid to the City of Jennings. Applications and all required documentation should be submitted a minimum of fourteen days in advance of the planning commission meeting date, in order to be considered for that planning commission agenda.

(Ord. No. 2308, § 1(B), 1-27-14)

Upon receipt of the conditional use permit application, plans, and supporting documents, the director of public works division of housing and economic development shall review the documents to determine completeness. If the director determines the submittal is complete, then the submittal can be forwarded to the planning commission.

(Ord. No. 2308, § 1(B), 1-27-14)

The planning commission shall hear all applications for conditional use permits at meetings open to the public.

The planning commission may choose to recommend approval of the conditional use permit as submitted, recommend additional conditions to mitigate possible negative impacts, or recommend denial of the conditional use permit.

The planning commission shall render a decision on a conditional use permit application within sixty (60) days from the date the planning commission first considers the application. The conditional use permit shall be deemed to have received a positive recommendation if the planning commission fails to render a decision within the said sixty-day period. The sixty-day period may be extended through mutual written agreement between the applicant and the city planning commission.

The planning commission shall submit a written report to the city council of its decision stating the recommended conditions for approval or reasons for recommending denial of the conditional use permit.

(Ord. No. 2308, § 1(B), 1-27-14)

After receipt of the planning commission's recommendation and report, the city council shall consider the proposed conditional use permit at a public hearing. The public hearing shall be advertised in a newspaper of general circulation not less than fifteen (15) days, nor more than thirty (30) days prior to the hearing date. A conditional use permit is approved by ordinance. The city council may, at its discretion, add to or delete conditions recommended by the city planning commission. The city council may refer the application back to the planning commission for further study before making its final decision. The decision rendered by the city council shall require five (5) votes except in the following circumstances:

A vote of at least six (6) members of the city council shall be required to render a decision contrary to the city planning commission recommendation for approval or denial of the conditional use permit.

The affirmative vote of at least six (6) members of the city council shall be required to authorize an amendment when a protest against said conditional use permit is presented to the city clerk, in writing, at least five (5) calendar days in advance of the city council meeting at which the matter is to be considered. A calendar day shall be construed to mean a full working day. Therefore, protest petitions must be received by 5:00 p.m. Central Time (CT) the day preceding the required five (5) calendar days. The protest shall be duly signed and acknowledged by the owners of thirty (30) percent or more of the land (exclusive of streets, places and alleys) included within one hundred eighty-five (185) feet of the location of the requested amendment.

(Ord. No. 2308, § 1(B), 1-27-14)

In the event that the city council denies an application for a conditional use permit, no subsequent application with reference to the same property or part thereof shall be filed by any applicant for six (6) months from the date of denial by the city council.

It shall be the responsibility of the applicant to clearly establish that the following criteria are met:

(a)

The proposed use complies with the standards of the zoning code and intent of the comprehensive plan.

(b)

The impact of projected vehicular traffic volumes and site access is not detrimental with regard to the surrounding traffic flow, pedestrian safety, and accessibility of emergency vehicles and equipment;

(c)

The proposed use will not cause undue impacts on the provision of public services such as police and fire protection, schools and parks.

(d)

Adequate utility, drainage and other such necessary facilities are provided;

(e)

Where a proposed use has the potential for adverse impacts, sufficient measures have been or will be taken by the applicant that would ameliorate, or reduce to an acceptable level, such potentially adverse impacts.

(a)

Amendments to existing conditional use permits: Any change in the scope, use or aspect of an operation approved for a conditional use permit which results in a condition that differs from the provisions contained in the approved conditional use permit shall require a new application for a new conditional use permit.

(b)

Transfers of conditional use permits: Any change in the ownership or operating entity named as the permittee of the approved conditional use permit will require a transfer of conditional use permit by a majority vote of the city council. If any conditional use is discontinued for twelve (12) consecutive months or more, or if the previous owner or operating entity fails to request the transfer of a conditional use permit, the new applicant shall be required to apply for a new conditional use permit in accordance with the requirements of this article.

All requests for transfers must be filed on an application to transfer available through the department of public works division of housing and economic development. Additional documentation regarding ownership of the operation and sale/lease arrangements may also be required as part of the application to transfer process. At the time that an application to transfer is filed, the applicant shall pay a fee as required by the fee schedule (Article 31 of this appendix). Requests for conditional use permit transfers may be approved or denied by the city council.

(Ord. No. 2308, § 1(B), 1-27-14)

Additional/special use permits issued prior to the enactment of conditional use permits shall be deemed to be the same as a conditional use permit. Any use which exists prior to the provisions for either additional/special use or conditional use permits shall be deemed to have received a conditional use permit. However, any enlargement, alteration or extension of an additional/special use or a use deemed approved, as a conditional use, requires a conditional use permit approved by the city council.

An appeal to any decision of the city council may be presented to the circuit court having jurisdiction in St. Louis County. To do so, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality and asking for relief therefrom, shall be filed with the circuit court within thirty (30) days after the filing of the decision of the city council.