Mt Vernon City Zoning Code
ARTICLE IX
Conditional Use Permits
Section 405.670 General Considerations.
[R.O. 2004 § 405.670; Ord. No. 2.56 § 2(Art. 11 § 1), 1-9-2001]
A.
Delegation Of Power. The Board of Aldermen shall decide whether conditional use permits shall be granted only after having received a recommendation from the Planning and Zoning Commission. In no event shall a conditional use permit be granted where the proposed use is not authorized by the terms of these regulations or where the standards of this Article are not found to exist.
B.
Conditions And Guarantees. Prior to the granting of any conditional use permit, the Planning and Zoning Commission or Board of Aldermen may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use permit 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 conditional use permit is granted, the Planning and Zoning Commission may recommend or the Board of Aldermen may require such evidence and guarantees as may be deemed necessary to ensure that the conditions stipulated are being and will be fully complied with.
C.
Conditional Use Permits In Residential Districts. In no event shall conditional use permits in residential districts be transferable from an owner-applicant to a subsequent owner of the subject real estate or structure.
Section 405.680 Procedures.
[R.O. 2004 § 405.680; Ord. No. 2.56 § 2(Art. 11 § 2), 1-9-2001]
A.
Application. A written application for a conditional use permit shall be filed with the Zoning Administrator and shall include a statement indicating the Section of the Article under which the permit is sought, the grounds upon which it is requested and sufficient evidence to show that the use will 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 conditional use permit shall be subject to a filing fee as established by the Board of Aldermen.
C.
Site Plan. All applicants for a conditional 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 Administrator shall call a public hearing for the next scheduled meeting of the Planning and Zoning 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 and Zoning Commission shall submit a recommendation to their 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 and Zoning 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 a conditional use permit 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 The Board Of Aldermen. The Board of Aldermen shall consider the Planning and Zoning Commission's recommendation at the next regularly scheduled Board of Aldermen meeting for which the agenda item can be docketed. The Board of Aldermen shall consider the recommendation of the Planning and Zoning Commission and act in accordance with the procedures for amending zoning district boundaries. 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 405.690 Standards For Issuance Of Conditional Use Permits.
[R.O. 2004 § 405.690; Ord. No. 2.56 § 2(Art. 11 § 3), 1-9-2001]
A.
Before any permit shall be granted, the Planning and Zoning 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 405.700 Additional Conditions For Conditional Uses.
[R.O. 2004 § 405.700; Ord. No. 2.56 § 2(Art. 11 § 4), 1-9-2001]
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 Section 405.450 of Article VI shall also be requirements for the approval of a conditional use permit.
Section 405.705 Time Limit.
[R.O. 2004 § 405.705; Ord. No. 2.56 § 2(Art. 11 § 5), 1-9-2001]
A.
Sunset. A conditional 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 Building Inspector.
B.
Abandonment. Once a conditionally permitted use ceases or is abandoned for a period of more than twelve (12) months, the conditional use permit shall expire upon public hearing; except that the conditional 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.
C.
Home Occupation. A conditional use permit for a home occupation shall not be transferable to a new owner of the real estate.
Section 405.707 Revocation Of Conditional Use Permits.
[Ord. No. 2.189, 8-22-2017]
A.
Grounds For Revocation.
1.
A conditional use permit shall terminate whenever the use of the property changes and the new use is substantially different from the use for which the original permit was issued.
2.
A conditional use permit may be revoked when the owner, occupant, lessee, agent or any person using the property fails to comply with the conditions stipulated therein.
B.
Procedure For Revocation.
1.
The Planning and Zoning Commission may recommend revocation of a conditional use permit if it finds at public hearing grounds set forth in Subsection (A) of this Section.
2.
Notice of the public hearing shall be given in writing by personal service or by certified mail, return receipt requested, at least fifteen (15) days prior to the hearing, or if service cannot be had by either of these modes of service, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) successive weeks, the owner, occupant, lessee, mortgagee or agent and all other persons having an interest in said property as shown by the land records of the Recorder of Deeds of Lawrence County, Missouri, with the second such publication occurring at least seven (7) days prior to the hearing. Any party may be represented by counsel at the public hearing. Lessees or occupants assuming a possessory interest in the property within fifteen (15) days of the public hearing are not entitled to notice under this Section.
3.
If a majority of a quorum of the Planning and Zoning Commission recommends revocation of a conditional use permit, the Board of Aldermen shall consider that recommendation at the next regularly scheduled Board of Aldermen meeting for which the agenda item can be docketed along with all materials submitted at the public hearing. The Board of Aldermen may adopt such recommendation by ordinance or override the Planning and Zoning Commission's recommendation by a two-thirds vote of the membership of the Board of Aldermen.