New Melle City Zoning Code
ARTICLE VII
Conditional Uses
Section 405.370 Purpose.
[Ord. No. 224 §§1 — 2(21.01), 10-19-2005]
A.
The purpose of conditional use permit is to provide the City with a procedure for determining the appropriateness of a proposed use not authorized as a matter of right by the regulations of the district in which the use is proposed to be located. The appropriateness of the use shall be determined in consideration of surrounding uses, activities and conditions of the site and surrounding areas. Based upon this determination, the City may decide to permit, reject or permit conditionally the use for which the conditional use permit is sought.
B.
Conditional users are those types of uses which are considered by the City to be essentially desirable, necessary or convenient to the community, but which by their nature or in their operation have:
1.
A detrimental effect upon the value or potential development of other properties in the neighborhood, or
2.
An extraordinary potential for accidents or danger to the public health and/or safety, or
3.
A tendency to generate excessive traffic, or
4.
A potential for attracting a large number of persons to the area of the use, thus creating noise or other pollutants.
C.
Such conditional uses cannot be allowed to locate as a right on any parcel of land within specified districts without consideration of existing conditions at the proposed location and of properties neighboring upon the specific site considered nor without adequate and sufficient safeguards, when necessary, to lessen the impact of adverse factors.
Section 405.375 Authority.
[Ord. No. 224 §§1 — 2(21.02), 10-19-2005]
The Planning and Zoning Commission shall review all conditional use permit applications. After each such review, the Planning and Zoning Commission shall make findings of fact as to whether or not the standards described in Section 405.385 hereunder have been met by the applicant. The burden of proof shall be on the applicant to prove that said standards have been met by the applicant. Thereafter, the Planning and Zoning Commission shall make recommendation to the Board of Aldermen on the granting of such permit and on any condition to such permit. The Board of Aldermen shall therefore conduct a public hearing thereon. Thereafter, the Board of Aldermen shall make finding of fact as to whether or not the standards described in Section 405.385 hereunder have been met. Thereafter, the Board of Aldermen shall grant or deny the application within seventy-five (75) days and, if granted, may impose conditions on the granting of the application.
Section 405.380 Authority to Grant Permits.
[Ord. No. 224 §§1 — 2(21.03), 10-19-2005]
The Board of Aldermen, subject to recommendation by the Planning and Zoning Commission, shall have the authority to grant conditional use permits, subject to such conditions of design and operation, safeguards and time limitations as it may determine, for all conditional uses specified in the district regulations of this Chapter.
Section 405.385 Standards.
[Ord. No. 224 §§1 — 2(21.04), 10-19-2005]
A.
Each of the following standards must be met in order to grant a conditional use permit. The proposed conditional use will:
1.
Be designed, constructed, maintained and managed so as to be harmonious and appropriate in appearance with the existing character of the general vicinity.
2.
Not be hazardous and will not be unreasonably detrimental, disturbing or devaluing to existing or permitted neighboring uses. The fact that a proposed conditional use may be in a commercial competition with an existing or permitted use shall not be a factor to be considered.
3.
Not create excessive additional requirements at public cost for public facilities and service.
4.
Not significantly increase traffic congestion.
5.
Comply with the City of New Melle land use plan.
6.
Comply with the City of New Melle zoning ordinance Section pertaining to conditional use.
Section 405.390 Action by the Planning and Zoning Commission/Board of Aldermen.
[Ord. No. 224 §§1 — 2(21.05), 10-19-2005]
A.
Upon receiving the application for conditional use permit, the Planning and Zoning Commission/Board of Aldermen shall publish notice and hold public hearings on the proposal. Procedures for public hearings shall be handled the same as a zoning amendment as described in Article XV of this Chapter. The decision to recommend approval or denial of the proposed conditional use shall be based on the following criteria:
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 and promote the welfare or convenience of the public.
3.
The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.
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. In determining whether the conditional use will dominate the immediate neighborhood, consideration shall be given to:
5.
Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations.
6.
Adequate utility, drainage and other such necessary facilities have been or will be provided.
7.
Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.
8.
In consideration of requests for any conditional use permits, the Planning and Zoning Commission/Board of Aldermen shall require such conditions of use as it deems necessary to protect the best interests of the City and the surrounding property and to achieve the objectives of this Chapter. These additional requirements shall include, but not be limited to, those special provisions applying to certain uses specified in Appendix A to this Title IV, Permitted and Conditional Uses.
A violation of a requirement, condition or safeguard shall be considered a violation of this Chapter and grounds for the Board of Aldermen of the City to terminate and cancel such conditional use permit.
9.
Conditional use permits shall be renewed on an annual basis at the discretion of the Planning and Zoning Commission and the Board of Aldermen.
Section 405.395 Information Required in the Conditional Use Procedure.
[Ord. No. 224 §§1 — 2(21.06), 10-19-2005]
A.
A petition for a conditional use permit shall be signed by all the owners of the property to be affected or by their agent or agents having authority to sign the petition on their behalf. The petition shall be submitted to the City Engineer and shall contain or be submitted concurrently with the following information:
1.
A legal description of the property to be affected.
2.
A scaled map of such property, correlated with the legal description and clearly showing the property's location.
3.
The names and addresses of all the owners of such property.
4.
Date of filing with the Planning and Zoning Commission.
5.
The present zoning, proposed change of zoning and proposed use of such property.
6.
The names and mailing addresses of property owners within an area determined by lines drawn parallel to and two hundred fifty (250) feet distance from the boundaries of the district proposed to be changed or as indicated below:
"R-1A" | 250 feet | |
"R-1B" | 250 feet | |
"CO" | 500 feet | |
"C-1" | 500 feet | |
"C-2" | 1,000 feet | |
"C-3" | 1,000 feet | |
"I-1" | 1,000 feet | |
"I-2" | 1,000 feet | |
"AG" | 1,000 feet | |
"P-R" | 1,000 feet | |
"R-1C" | 185 feet | |
"R-1D" | 185 feet |
7.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.
Section 405.400 Application and Fee.
[Ord. No. 224 §§1 — 2(21.07), 10-19-2005]
Application for any conditional use permit permissible under the provisions of this Chapter shall be made to the Planning and Zoning Commission and the Board of Aldermen by filling in the official conditional use permit application form; submitting required data, exhibits and information; and depositing the required fee. The application shall be accompanied by a fee as set by the Board of Aldermen. No part of such fee shall be returnable to the applicant.
Section 405.405 Conditions of Approval.
[Ord. No. 224 §§1 — 2(21.08), 10-19-2005]
A.
Conditions to granting of a conditional use permit may include, but are not limited to, the following:
1.
Use limitation and/or requirements.
2.
Height, area and setback limitations and/or requirements.
3.
Parking and loading limitations and/or requirements.
4.
Sign limitations and/or requirements
5.
Architectural elevations limitations and/or requirements of any proposed structures.
6.
Landscaping limitations and/or requirements.
7.
Limitations as specified in the New Melle zoning ordinance on conditional use.
Section 405.410 Additional Development Requirements of Certain Uses.
[Ord. No. 224 §§1 — 2(21.09), 10-19-2005]
A.
A conditional use permit shall not be issued to certain uses in this Article due to their deleterious effects on public safety, health, welfare and the City's property values unless they comply with the following site development requirements.
B.
Quarries And Sand And Gravel Pits. The removal of soil, including top soil, sand, gravel, stone and other earth materials shall be subject to the following conditions.
1.
There shall be not more than one (1) entranceway from a public road to said lot for each six hundred sixty (660) feet of front lot line. Those streets proposed as haul routes from the pit to a State or Federal highway shall be approved by the Planning and Zoning Commission and the Board of Aldermen. A maintenance bond shall be posted by the party mining such minerals to guarantee maintenance of the haul route with the amount to be approved by the Mayor and Board of Aldermen and subject to review on a two (2) year continuing basis if the mining operation is to continue beyond a two (2) year period.
2.
Such removal off site shall not take place before sunrise or after sunset.
3.
St. Charles County Code is to be adhered to for all digging, excavating, blasting, vibration or noise and shall not take place closer than one hundred (100) feet to any lot line.
4.
On said lot all roads, driveways, parking lots and loading and unloading areas within one hundred (100) feet of any lot line shall be paved, oiled, watered or chemically treated so as to limit on adjoining lots and public roads the nuisance caused by wind-borne dust.
5.
Any odors, smoke, fumes or dust generated on said lot by digging, excavating or processing operation and borne or able to be borne by the wind shall be confined within the lines of said lot as much as is possible so as not to cause a nuisance or hazard on any adjoining lot or public road.
6.
Such removal shall not be conducted as to cause the pollution by any material of any surface or subsurface watercourse or body outside of the lines of the lot on which such use shall be located.
7.
Such removal shall not be conducted as to cause or threaten to cause the erosion by water of any land outside of said lot or of any land on said lot so that earth materials are carried outside of the lines of said lot and that such removal shall not be conducted as to alter the drainage pattern of surface or subsurface waters on adjacent property and that in the event that such removal shall cease to be conducted, it shall be the continuing responsibility of the owner or operator thereof to assure that no erosion or alteration of drainage patterns, as specified in this paragraph, shall take place after the date of the cessation of operation.
8.
All fixed equipment and machinery shall be located at least one hundred (100) feet from any lot line and five hundred (500) feet from any residential zoning district, but that in the event the zoning classification of any land within five hundred (500) feet of such equipment or machinery shall be changed to residential subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than one hundred (100) feet from any lot line.
9.
There shall be erected a fence of not less than six (6) feet in height around the periphery of the area being excavated. Fences shall be adequate to prevent trespass and shall be placed on level terrain no closer than fifty (50) feet to the top of any slope.
10.
All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural.
11.
The operator or operators shall file with the City a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land, proposed final topography indicated by the contour lines of not greater interval than five (5) feet, steps which shall be taken to conserve topsoil; the type and number per acre of trees or shrubs to be planted; and the location of future roads, drives, drainage courses and/or other improvements to be made by a definite date.
The restoration plans shall be filed with and approved by the City before quarrying or removal operations begin. The plans shall be certified by a soil or geology engineer. In restoration, no filling operations shall be permitted which will likely result in contamination of ground or surface water or soils, through seepage of gases into surface or subsurface water or into the atmosphere. The proposed plan shall be submitted to and approved by the Department of Natural Resources.
The operator or operators shall file with the Board of Aldermen a bond or other surety payable to the City and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate per acre of property to be used of the required bond shall be submitted to and reviewed by the City Engineer. The bond shall be released upon written certification of the City Engineer that the restoration is complete and in compliance with the restoration plan.
C.
Recycling Centers. In addition to and as an integral part of development, the following provisions shall apply:
1.
Recycling centers shall be established and maintained in accordance with all applicable State of Missouri Statutes and the City of New Melle ordinances.
2.
It is recognized by this Chapter that the location in the open of such materials included in this Chapter definition of recycling center will cause the reduction of the value of adjoining property. To that end the character of the district shall be maintained and property values conserved. A solid, unpierced fence or wall of uniform color and construction at least seven (7) feet in height, and not less in height than the materials located on the lot on which a recycling center shall be operated, shall be located on said lot no closer to the lot lines than the yard requirements for buildings permitted in this district. All gates, doors and access ways through said fence or wall shall be of solid, unpierced material. In no event shall any materials included in this Chapter definition of recycling center be located on the lot on which a recycling center shall be operated in the area between the lines of said lot and the solid unpierced fence of wall located on said lot.
3.
There shall be only one (1) point of ingress and egress.
4.
On the lot on which a recycling center shall be operated, all streets, driveways, parking lots and loading and unloading areas within any recycling center shall be paved, oiled, watered or chemically treated so as to minimize the nuisance caused by wind-borne dust.
5.
The burning of any material will not be allowed at anytime.
D.
Drive-In Theaters. In addition to and as an integral part of development, the following provisions shall apply:
1.
Drive-in theaters shall be enclosed for their full periphery with a solid screen fence at least seven (7) feet in height. Fences shall be of sound construction, painted or otherwise finished neatly and inconspicuously.
2.
All fenced-in areas shall be set back at least fifty (50) feet from any front street right-of-way with the area between the fence and the street or property line to be landscaped with trees and shrubs.
3.
All traffic ingress and egress shall be on major streets and all local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements into or out of the public thoroughfares. All points of entrance or exit for motor vehicles shall be located no closer than two hundred (200) feet from the intersection of any two (2) streets or highways.
4.
The movie screen shall not be visible from the front street or any major thoroughfare.
E.
Telecommunication Towers. In addition to and as an integral part of development, the following provisions shall apply:
1.
The tower shall be no more than two hundred (200) feet in height.
2.
No two (2) towers shall be located within a one (1) square mile radius. The distance shall be calculated from the center of the base of the tower.
3.
No tower shall be situated within five hundred (500) feet of any residential structure. The minimum standard setback from all adjoining property boundaries shall be equal to one (1) foot of setback for each foot of tower height.
4.
A determination has been made acceptable to the City that there are no other suitable sites within one (1) mile radius of the proposed tower site.
5.
If tower is constructed, it shall be four (4) times the capacity of intended use in order that secondary users could lease the balance of the tower capacity at a reasonable rate.
6.
The design of the tower compound shall maximize use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment.
7.
All owners and lessees of communication towers and the real estate upon which they are situated shall, at the request of the City, allow the City to mount and operate a functioning communicating antenna on the tower for City purposes and shall allow the City reasonable access to the tower for such purpose.
8.
The construction, maintenance and operation of such towers shall comply with all Federal, State and City regulations. In addition, the Board of Aldermen may impose reasonable restrictions and conditions to the issuance of any such conditional use permit.
9.
Any tower that is no longer in use for its original communications purposes shall be removed at the owner's expense. The owner shall provide the City with a copy of the notice to the FCC of intent to cease operations and shall be given ninety (90) days from the date of ceasing operations to remove the obsolete tower and accessory structures. In the case of multiple structures, all must be dismantled and removed.