Knob Noster City Zoning Code
ARTICLE VI
Special Use Permits
Section 405.460 General Considerations.
[R.O. 2012 §405.460; Ord. No. 522 §§1—3, 12-1-1992]
A.
Delegation Of Power. The Board of Aldermen is hereby authorized to decide whether Special Use Permits shall be granted subject to the general and specific standards contained in this Chapter; to grant Special Use Permits with such conditions or restrictions as are appropriate to protect the public interest and to secure compliance with this Chapter; and to deny requests which fail to satisfy the standards and requirements contained herein and which are not in harmony with the purposes and interest of this Chapter and the health, safety, and welfare of the community. The Board of Aldermen shall decide whether Special Use Permits shall be granted only after having received a recommendation from the Planning Commission. In no event shall a Special Use Permit be granted where the proposed use is not authorized by the terms of this Chapter, or where the standards of this Article are not found to exist.
B.
Conditions And Guarantees. Prior to the granting of any Special Use Permit, the Planning Commission or Board of Aldermen may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special permit use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein. In all cases in which a Special Use Permit is granted, the Planning Commission may recommend or Board of Aldermen may require such evidence and guarantees as may be deemed necessary to insure that the conditions stipulated are being, and will be, fully complied with.
Section 405.470 Procedures.
[R.O. 2012 §405.470; Ord. No. 522 §§1—3, 12-1-1992]
A.
Application. A written application for a Special Use Permit shall be filed with the Zoning Official and shall include a statement indicating the Section of this Chapter under which the permit is sought, the grounds upon which it is requested, and sufficient evidence to show that the use win conform to the standards set forth. The application shall be accompanied by an area map and site plan of the subject property.
B.
Fees. Every application for a Special Use Permit shall be subject to a filing fee of fifty dollars ($50.00).
C.
Site Plan. All applicants for a Special Use Permit shall submit with their application ten (10) copies of a development plan for the property which shall include the following:
D.
Hearing. Upon receipt of the formal application and all accompanying material, the Zoning Official shall call a public hearing for the next scheduled meeting of the Planning Commission, provided however, that notice must be published in a newspaper of general circulation at least fifteen (15) days prior to the date set for hearing. The Planning Commission shall submit a recommendation to the Board of Aldermen within thirty (30) days after the close of the public hearing.
E.
Findings. In making a recommendation to the Board of Aldermen, the Planning Commission shall specify the particular grounds relied upon and their relation to the proposed use and shall make affirmative findings that the proposed use conforms with the general standards set forth in this Article. In no case shall an exception be granted if the proposed use will constitute a nuisance or a public health or safety hazard to adjacent properties or to the community at large.
F.
Action By Board Of Aldermen. The Board of Aldermen shall consider the Planning Commission's recommendation at the next regularly scheduled Board of Aldermen meeting for which the agenda item can be docketed. The Board of Aldermen may adopt or may revise or amend and adopt such recommendation by resolution. If the Board of Aldermen fails to act upon a recommendation within one hundred twenty (120) days from the receipt thereof, the application shall be deemed to have been denied.
Section 405.480 Standards For Issuance of Special Use Permits - Generally.
[R.O. 2012 §405.480; Ord. No. 522 §§1—3, 12-1-1992]
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 buildings, 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 405.490 Additional Conditions For Particular Special Uses.
[R.O. 2012 §405.490; Ord. No. 522 §§1—3, 12-1-1992; Ord. No. 530 §1(D), 5-18-1993]
A.
In granting a special use, the City may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such special uses upon other property in the neighborhood, and to carry out the general purpose and intent of these Zoning Regulations. The following additional conditions shall be requirements for the approval of the following special uses:
Day care homes shall obtain a Special Use Permit for the care of more than eight (8) children in Zoning Districts permitting residents, provided that:
1.
One (1) off-street parking space is provided for each non-resident or non-family member employee, in addition to the two (2) spaces per single-family or duplex unit required. The residential driveway is acceptable for this purpose.
2.
If located on an arterial or collector street, an off-street dropoff/pickup area must be provided.
3.
The number of children in any one (1) home for care for any part of the twenty-four (24) hour day shall be limited to eight (8).
4.
The permit shall be issued to a particular provider. A change in the day care provider shall require another public hearing.
5.
The permit shall be issued for a period of two (2) years. Automatic renewal shall be allowed at the end of each two (2) year period unless complaints or objections have been received by the City, in which case the initial application process must be followed as provided for in this Section. If renewal is automatic, then the application fee of fifty dollars ($50.00) shall be waived. If a re-hearing is required, then the application fee is required.
6.
Prior to issuance of the permit, the applicant shall provide the City with proof of three hundred thousand dollars ($300,000.00) or more in liability insurance coverage.
7.
Prior to issuance of the permit, the applicant must provide proof of current CPR training.
8.
No structural or decorative alteration is made to the residential structure which will alter its single-family character or make it incompatible with surrounding residences.
Section 405.500 Time Limit.
[R.O. 2012 §405.500; Ord. No. 522 §§1—3, 12-1-1992]
A.
Sunset. A Special Use Permit shall expire, upon public hearing, unless a building permit is taken within twelve (12) months to effectuate such specially permitted use; or if no building permit is required, evidence of use is filed with the Zoning Administrator.
B.
Abandonment. Once a specially permitted use ceases or is abandoned for a period of more than twelve (12) months, the Special Use Permit shall expire upon public hearing; except that the Special Use Permit for an auto salvage yard shall automatically expire if the State license for operating the auto salvage yard lapses for a period of time more than six (6) months.