Maryville City Zoning Code
ARTICLE V
Special Uses
Section 405.380 Special Use Permits.
[R.O. 2008 §405.380; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5166 §1, 9-13-1993]
A.
The development and administration of the Zoning Ordinance is based on the division of the City into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses fall into three categories:
1.
Uses operated by a public agency or public-regulated utilities, or uses traditionally affected with a public interest.
2.
Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
3.
Uses which are of a short duration and short range impact on the community.
B.
Procedure. The approval of a special use permit shall require the same procedure as the rezoning of land, including published notice, public hearing, advisory decision of the Planning and Zoning Commission and final passage by the City Council. Final action shall be by resolution of the Council.
C.
Applicability Of permit. A special permit granted under this Article is a permit issued to the individual applying for the special use. As such, said permit shall not run with the property, but shall be personal unto the applicant. Any applicant shall not have the right to assign, transfer, barter or sell said Special Use Permit and said Special Use Permit shall terminate upon any transfer of the property by the applicant including by sale or lease.
D.
Period Of Validity.
1.
No special use permit granted by the City Council shall be valid for a period longer than one (1) year from the date of granting of the special use permit, unless within such period:
2.
The City Council may, upon written request of the applicant, grant extensions not exceeding one hundred eighty (180) days each, without notice of hearing.
Section 405.385 Application for Special Use Permit.
[R.O. 2008 §405.385; Ord. No. 6584 §1, 9-15-2003]
A.
All applications for a special use permit shall be made by written application to the Administrative Secretary, Public Works, on forms provided therefor. Unless the application shall conform in all respects to the requirements of this Chapter, it shall not be accepted by the Administrative Secretary, Public Works.
B.
Information Required. An application for a special use permit shall contain the following information:
1.
Plot plan of the property affected by the proposed special use permit, drawn to a scale of not smaller than one (1) inch equals fifty (50) feet, and indicating thereon the dimensions of the property, the dimensions and locations of any buildings or structures, driveway access to public rights-of-way, on-site drives, and off-street parking areas located thereon and all public and private rights-of-way including utility easements bounding or intersecting the property;
2.
List of the names and current mailing address of owners, together with the street address and legal description of all property (exclusive of streets and alleys) within a one hundred eighty-five (185) feet distance from the boundary of the property affected by the proposed special use permit. This list shall be prepared and certified by a qualified abstractor;
3.
Present zoning classification and use of the property affected by the special use permit;
4.
Requested special use and desired use of the property affected by the special use permit; and
5.
Justification for the special use requested.
C.
Application Fee. The application shall be accompanied by a filing fee based on the area of property for which the special use permit is requested, computed as follows:
For the first 10,000 square feet per each 1,000 square feet or fraction thereof | $125.00 |
D.
Postage Fee. In addition to the non-refundable application fee described above, the application shall also be accompanied by a non-refundable postage fee which shall be computed by the Administrative Secretary, Public Works, by multiplying the number of certified mailings required to landowners within a one hundred eighty-five (185) feet distance from the boundary of the property affected by the proposed special use permit by the then-applicable postage rates for such certified mail. The number of mailings shall be computed based upon the information provided in accordance with Subsection (B), above.
E.
Time Of Application. The Administrative Secretary, Public Works, shall note the date of filing of the application.
Section 405.390 Standards.
[R.O. 2008 §405.390; Ord. No. 4984 §1, 6-10-1991]
A.
No special use shall be granted unless the use:
1.
Is deemed necessary for the public convenience at that location.
2.
Is so designed, located, and proposed to be operated that public health, safety, and welfare will be protected.
3.
Will not cause substantial injury to the value of other property in the neighborhood in which it is located.
4.
Will comply with the height and area regulations of the districts in which it is located unless specifically granted otherwise.
Section 405.400 Conditions.
[R.O. 2008 §405.400; Ord. No. 4984 §1, 6-10-1991]
The Planning and Zoning Commission may recommend, and the City Council may provide, such conditions and restrictions upon the construction, location, and operation of a special use including time limit, provisions for off-street parking and loading and other conditions as may be deemed necessary to promote the general objectives of this Title and to minimize any injury to the value of property in the neighborhood. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of the permit for such special use.
Section 405.410 Short Term Special Uses.
[R.O. 2008 §405.420; Ord. No. 4984 §1, 6-10-1991]
A.
The City Council may authorize the issuance of a Short Term Special Use Permit for the use of a specific tract, parcel or section of the City for such temporary short term uses as:
B.
Such activities may be of a non-profit, profit making, civic or public agency nature and may be on private or public property. A short-term special use permit may be approved by the City Council upon public hearing and without referral to the Planning and Zoning Commission provided the following criteria are met:
The applicant shall submit in written form a complete description of the proposed activity, hours of operation, ability to accommodate fire and police services and access, need for special protection and other characteristics that may affect the public safety, convenience and welfare.
C.
In the case of a public street or sidewalk, care shall be exercised in maintaining safe and convenient circulation for both vehicular and pedestrian traffic.
D.
A short term Special Use Permit shall not exceed seven (7) calendar days.