Overland City Zoning Code
ARTICLE X
Conditional Uses 1
Section 400.660 Purpose.
[CC 1976 App. A §10.01; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2024-08, 5-13-2024]
To ensure certain uses are subject to special controls and/or conditions to ensure such use is compatible with the applicable property within various zoning districts certain uses may be permitted by conditional use permit after analysis and judgment of the effect of each such use by the Commission and the City Council to ensure that the public health safety, and general welfare are protected and preserved.
Section 400.670 Procedures.
[CC 1976 App. A §10.02; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord. No. 2542 §2, 12-11-1989; Ord. No. 2003-04 §1, 1-27-2003; Ord. No. 2024-08, 5-13-2024]
The following procedure shall be implemented in the consideration and determination of the issuance or non-issuance of the conditional use permit:
A.
Applications. Applications for conditional use permits shall be filed with the Community Development Department at least thirty (30) days before the next regularly scheduled Commission meeting, unless prior written approval is granted by the Director of Community Development (the "Director") upon good cause shown by the applicant. The application shall be on forms prescribed for this purpose by the Director and include a site plan for the lot. The site plan shall be in accordance with Chapter 400, Article IX. The application shall specify the use sought to be permitted by the conditional use permit. The Director may require submittal of a traffic study when deemed appropriate, at their sole discretion. The application shall further state why the use is needed and the Applicant's opinion as to the effect of the use on surrounding lots. At the time that the application is filed, a fee shall be paid to the City. The fee for conditional use permits shall be three hundred dollars ($300.00).
B.
Owner-Verification Required. Each application requesting a conditional use permit shall be verified by at least one (1) of the owners or authorized representatives of the owners of such affected lot. Each applicant shall attest to the truth and correctness of all facts and information presented with the application.
C.
The Director shall review the application as to Form. Upon the determination by the Director that the form of the application is appropriate and all required information has been provided, the Director will present the matter to the Planning and Zoning Commission (the "Commission"). The application shall be set for consideration before the Commission as soon as practicable from the date of the filing of a complete application, as determined by the Director. The notice of the meeting shall include the posting of public notice on the affected property.
D.
Commission Meeting And Recommendation.
1.
The Commission after public notice shall conduct a public meeting at which the applicant shall present such information, as the applicant deems necessary, to substantiate its request for a conditional use permit. The Commission may allow public comment on each petition. The Commission shall thereafter conduct a deliberation and discussion of the application, giving due consideration to each of the following:
a.
The proposed conditional use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitations, and the visual compatibility of the proposed conditional use within the surrounding neighborhood.
b.
The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public.
c.
The proposed conditional use will not cause injury to the value of other property in the neighborhood in which it is to be located.
d.
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 and/or the City's comprehensive plan. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:
e.
The adequacy of off-street parking and loading areas in accordance with the standards set forth in these regulations.
f.
Adequate utility, drainage, and other such necessary facilities have been or will be provided, as well as accessibility of the property to police, fire, refuse collection and other municipal services.
g.
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.
h.
Adequate provisions for internal traffic and pedestrian traffic are made.
2.
These discussions and deliberations shall be in a public forum, but no further public participation shall be allowed. After review and deliberation, a simple majority of the Commission is required to constitute a positive recommendation to the City Council. If the proposition does not have a simple majority vote, the proposition fails and shall be taken as a negative recommendation.
E.
Commission Report To City Council. The Commission shall communicate the results of its vote to the City Council and may further communicate its reasons for such recommendation. The Commission shall also recommend specific conditions, if any, to the City Council.
F.
Notice For Public Hearing. Upon referral of the petition from the Commission, the conditional use permit shall be set for public hearing before the City Council. The Director shall cause public notice of such hearing to be given as follows:
1.
Either seven (7) days' notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the City, or the City will be responsible for notifying all owners of property within three hundred (300) feet of the subject property by First Class Mail of the application and hearing date. Said notice shall be postmarked at least five (5) days prior to the scheduled public hearing. In the event the applicant seeks more than one (1) continuance of any published or notified hearing, the applicant shall be responsible for reimbursement of any republication and/or mailing notification costs prior to any action by the City Council.
2.
Failure to comply with any notice or posting requirements of this Section which are greater than required by State law shall not be a basis for invalidation of any approval or enactment.
G.
Public Hearing. Prior to consideration of an ordinance approving any conditional use permit, the Board shall conduct a public hearing at which the applicant shall present such information as the applicant deems necessary, to substantiate its request. The City Council shall then hear any person wishing to speak in favor of the petition, after which time the City Council shall hear any person wishing to speak in opposition to the petition, after which time the applicant may address or rebut any issues presented. The City Council shall then close the public participation portion of the hearing.
H.
City Council Decision. After the Commission has advised the City Council of its recommendation and after public hearing, the City Council shall review the petition as such relates to and satisfies the criteria for issuance of a conditional uses permit, after which time, the City Council shall consider the issuance of the conditional use permit by ordinance. Said ordinance shall be proposed and sponsored in the manner of all other ordinances and shall require a majority of the City Council to enact. The conditional use permit permitted by ordinance shall contain the specific terms and conditions of the conditional use permit which shall be strictly adhered to by the applicant. If the City Council denies a request for a conditional use permit, no subsequent application for a permit with reference to the same property or part thereof concerning the same conditional use shall be filed by any applicant until the expiration of twelve (12) months after the denial of the conditional use permit.
I.
The conditional use permit shall be reviewed annually by the Director to assure that the use, lot, and building are in compliance with the terms of the conditional use permit. If the Director determines non-compliance with the conditional use permit, notice of non-compliance shall be forwarded to the holder of the conditional use permit. Failure to achieve compliance within a reasonable time, but not less than ten (10) days' notice of the Director shall be deemed cause to terminate the conditional use permit. Upon fifteen (15) days' notice, the Commission may cause a hearing to he held to determine whether or not the property or use is in compliance, and if deemed to be in non-compliance, the Commission may recommend to the City Council termination of the conditional use permit. The City Council by ordinance may terminate the conditional use permit acting upon the recommendation of the Commission.
Section 400.675 (Reserved) [1]
[1]
Editor's Note: Former Section 400.675, Appeal, Protest or Council Review of Planning and Zoning Commission Decision, was repealed by Ord. No. 2024-08, 5-13-2024. Prior history includes: CC 1976 App. A §10.03; Ord. No. 2449; Ord. No. 2478; and Ord. No. 2542.
Section 400.680 Performance Bond.
[CC 1976 App. A §10.04; Ord. No. 2449 §1, 11-14-1988]
As a condition of approval of a conditional use, the Commission may require a deposit by the applicant with the City Clerk in the form of cash, certified check, or surety bond acceptable to the City Council, to insure performance of any obligations of the applicant to make improvements shown upon the site plan accompanying the conditional use permit application. The deposit shall be in an amount sufficient to insure completion of the improvements within the time specified by the Commission in accordance with regulations and standards established by the City Council. The Clerk may rebate to the applicant, as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire improvements shown upon the site plan as verified by the City Engineer and authorized by the City Council. A performance bond is optional in specific situations where occupancy is necessary prior to all improvements being in place.
Section 400.685 Procedure to Amend Approved Conditional Use Permit.
[CC 1976 App. A §10.05; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2024-08, 5-13-2024]
In order to amend an existing conditional use permit. the applicant must file the application documents required by Section 400.670(A), and expressly include information demonstrating: 1) the amendment(s) to the conditional use permit sought by applicant; and 2) the information to substantiate the need for such amendment(s). All applications to amend an approved conditional use permit shall include a signed statement that the applicant agrees to be bound by the terms and conditions of the issued conditional use permit, as may be amended. The procedure to amend an approved conditional use permit shall either be under the administrative amendment process described in Subsection (A) or the non-administrative amendment process described in Subsection (B), depending on the amendment requested by the applicant. Any term or condition that is not amended as part of a conditional use permit amendment shall continue in full force and effect.
A.
Administrative Amendment.
1.
The Director may administratively amend an approved conditional use permit if the applicant proposes any of the following amendments:
a.
A change in name of, or ownership interest in, a business operating the conditional use, or a change in ownership of the property where a conditional use permit has been issued;
b.
A change in the hours of operation for all businesses except those selling intoxicating liquor or marijuana businesses; provided that such changes in hours shall not be an increase of more than fifteen percent (15%) in total hours the business would be in operation, or an increase in days of operation;
2.
The Director, in considering whether to administratively amend a conditional use permit, shall consider if the amendment:
a.
Keeps with the intent and spirit of the original conditional use permit approval;
b.
Is an appropriate amendment in light of the operation of the conditional use since approval; and
c.
Not a substantial deviation from the original conditional use permit approval or conditions placed thereon.
If, in the judgment of the Director, consideration of the proposed conditional use permit amendment is more appropriate to be considered by the City Council, the Director shall have the authority to require that such conditional use permit amendment proceed under the non-administrative amendment process described in Subsection (B) herein. Additionally, if the request for an administrative amendment to an approved conditional use permit is denied by the Director, the applicant shall have the right to appeal to the Planning and Zoning Commission. The Planning and Zoning Commission shall hear any such appeal as if it were brought as a non-administrative amendment. |
B.
Non-Administrative Amendment. All other amendments to any conditional use permit that do not fall within the limited scope of the administrative amendment process shall require the application to proceed through the process to initially secure a conditional use permit described in Section 400.670.
Section 400.690 Time Limit of Conditional Use Permits.
[CC 1976 App. A §10.07; Ord. No. 2449 §1, 11-14-1988]
Conditional use permits shall be valid for an unlimited period subject to the requirements of Section 400.670 unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the Planning and Zoning Commission, which may extend it for an unlimited period or for a specified additional period of years.
Section 400.695 Failure to Commence Construction or Operation.
[CC 1976 App. A §10.08; Ord. No. 2449 §1, 11-14-1988]
Unless otherwise stated in the conditions of a particular conditional use permit, substantial work, construction, or operation of the conditional use, where construction is not required, shall commence within six (6) months of the effective date of the permit unless such time period is extended through appeal to and approval by the Planning and Zoning Commission. If no appeal is made, or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the six (6) month period. When the conditional use permit commences, evidence of commencement will be the issuance of a building permit, if construction is required, or an occupancy permit, if construction is not required.
Section 400.700 Revocation of Conditional Use Permit.
[CC 1976 App. A §10.09; Ord. No. 2449 §1, 11-14-1988]
Upon a finding that an approved conditional use permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use or basic changes within the general neighborhood, or through non-compliance with any of the conditions attached to its approval, the Planning and Zoning Commission reserves full authority to revoke the approval at anytime.
Section 400.705 Transferability.
[CC 1976 App. A §10.10; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989; Ord. No. 2024-08, 5-13-2024]
All conditional use permits shall be approved for the originating applicant for a specific location and may not be transferred to any other location by that applicant. Should title to the property be transferred to a different owner, an amendment to the original conditional use permit shall be required.
Section 400.710 Specific Requirements for Individual Conditional Uses.
[CC 1976 App. A §10.11; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord. No. 2542 §2, 12-11-1989; Ord. No. 2004-30 §7, 5-24-2004; Ord. No. 2025-33, 7-21-2025]
The following additional requirements and conditions, in addition to Article X of this Chapter 400, shall be required for specific conditional uses, unless otherwise preempted by Federal or State law:
A.
Motor Vehicle Oriented Business (MVOB). Motor vehicle oriented businesses may only be permitted in the "C-1", "C-2", "M-1" and "PD" Districts and then only after review and approval by the Planning and Zoning Commission for the specific location and treatment as shown on the approved site plan. The site shall be subject to the following conditions and procedures
1.
Motor vehicle oriented business, defined. See "DEFINITIONS", Section 400.060.
In instances where it is questionable as to whether or not the business is an MVOB, the Planning and Zoning Commission will make the determination.
2.
Permits issued, when.
a.
A building permit shall be issued for the construction of or additions to motor vehicle oriented businesses when such plans have received a conditional use permit approved by the City Council and such plans comply with the approved site plan.
b.
An occupancy permit shall be issued when the provisions of this Chapter have been met and the specified conditions of the City Council complied with.
3.
Site plan required. A site plan and accompanying information for a motor vehicle oriented business conditional use permit shall be submitted and show the following:
a.
Structures. The location and dimensions of all structures including buildings, pump islands, screened trash areas, fencing and lighting (show direction and level of illumination).
b.
Natural features. The location of streams, rock and stone outcroppings, existing trees and other natural features, and detail on the manner in which such features will be treated. Also, include site topography showing contours at an interval no greater than two (2) feet.
c.
Landscaping. A complete plan and schedule of landscaping on the site and adjoining public rights-of-way with detail on number, location, size and name of each plant species (both scientific and common name) together with detail on facilities required for maintenance of such landscaping.
d.
Architectural elevations. A plan which indicates the building height and roof line together with detail on exterior materials to be used and lighting to be installed.
4.
Locational requirements. All motor vehicle oriented businesses must be a minimum of one hundred fifty (150) feet from all other motor vehicle oriented businesses, which distances shall be computed as follows:
a.
For such businesses on the same side of the street, a minimum of one hundred fifty (150) feet between the two (2) closest property lines, said minimum distance, however, being subject to the effect of the additional requirements as set forth in Subparagraphs (b) and (c) of this Subsection.
b.
For such businesses on opposite sides of the street, no such business shall be allowed on a lot where a line, drawn from both or either front corner of said proposed lot, across the street and perpendicular to the street right-of-way on which the proposed lot fronts, crosses the right-of-way on the opposite side of the street at a point less than one hundred fifty (150) feet from the closest property corner of an already existing or approved motor vehicle oriented business lot on said opposite side of the street.
c.
For four (4) corner intersections, two (2) motor vehicle oriented businesses may be allowed at such an intersection but only on diagonally opposite corners, regardless of their distance from one another; however, no other motor vehicle oriented businesses shall be allowed within one hundred fifty (150) feet of those intersection corners that are unoccupied nor within one hundred fifty (150) feet of the property lines of those motor vehicle oriented businesses so situated on corner lots.
5.
Site design standards. The following site design standards shall be met for all motor vehicle oriented businesses:
a.
Minimum lot area. Twenty thousand (20,000) square feet.
b.
Minimum lot frontage. One hundred fifty (150) feet (on corners, the frontage requirements shall apply to only one (1) side).
c.
Lot area per pump island for automotive service stations. Automotive service stations shall be limited to two (2) service islands and three (3) gasoline pumps per island for the minimum size lot. One (1) service bay and three (3) pumps may be added for each one thousand (1,000) square feet of site area exceeding the minimum; however, in no case shall more than six (6) service islands be allowed at any gasoline service station and no more than three (3) pumps permitted on each island and no more than three (3) service bays shall be allowed for each such station.
d.
Setbacks. From public streets and property lines shall be as follows:
(1)
Front yard. There shall be a front yard having a depth of not less than thirty (30) feet. Front yards shall conform to minimum standard widths of streets and roads and to future street and highway widenings according to the setback lines herein provided for. Front yards shall be measured from proposed right-of-way lines where setback lines are herein established and otherwise from an actual or potential right-of-way of a fifty (50) foot wide road, street or highway.
Where a lot is located at the intersection of two (2) or more streets, the front yard requirements shall apply to each street. No accessory building, canopy, service islands and other service or pickup facilities shall project beyond the front building setback line.
(2)
Side yard. There shall be a side yard on each side of the building of not less than five (5) feet. Side yard requirements shall be twenty-five (25) feet where abutting any residential district.
(3)
Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet.
6.
Drainage. All sites shall provide for proper stormwater runoff to prevent flooding and/or ponding subject to approval of the Director of Public Works.
7.
Trash storage areas. All motor vehicle oriented businesses shall provide suitable storage of trash within areas which are so designed and constructed as to allow no view of the trash storage from the street, to prevent waste from blowing around the site or onto adjacent properties or public rights-of-way and to permit safe, easy removal of trash by truck or hand.
8.
Used oil storage. All used oils and other similar materials and products shall be stored only in underground or inside areas.
9.
Vehicular areas.
a.
The entire area used by vehicles for parking, storage and service, etc., shall be paved with asphaltic concrete, Portland cement, concrete or other material approved by the Director of Public Works.
b.
A raised Portland cement concrete curb shall be placed at the edge of all pavement.
c.
All hydraulic hoists, pits, lubrication, washing, repair and service not of an emergency nature shall be conducted entirely within a building.
10.
Ingress and egress.
a.
The minimum width of driveways at the property line shall be twenty-four (24) feet and not greater than thirty-six (36) feet.
b.
The minimum distance of any driveway to property line shall be fifteen (15) feet.
c.
Driveway openings shall be limited to one (1) drive per one hundred (100) feet of width.
d.
The minimum distance a driveway into the site from a street intersection shall be seventy-five (75) feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
e.
The angle of driveway intersection with the street shall be based upon reasonable criteria for safe traffic movements and shall be approved by the Director of Public Works.
f.
Motor vehicle oriented businesses adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
12.
Landscaping and open space.
a.
All areas of the site not paved shall be landscaped with a mixture of trees and grass or any combination of trees, shrubs, evergreens, flowers, grass or other living ground cover to retard water runoff, restrict blowing trash, and deter improper and unsafe access and site use by the public. Tree shall be of three (3) inch caliber measured six (6) inches from the ground level. Street areas not approved for driveways shall be planted in grass and other suitable planting materials.
b.
Landscaped areas shall constitute at least thirty percent (30%) of the site area.
c.
Pavement shall not be allowed in front or side yard street setbacks except for driveways.
d.
All landscaping plant materials shall be kept alive and in excellent condition.
e.
Landscaped areas shall not be used for the purpose of storing vehicles, trailers or other equipment.
f.
All paved and landscaped areas shall at all times be kept in good repair and in excellent condition, in accordance with this and other ordinances of the City of Overland and the continuous maintenance of said areas is to be the responsibility of the owners and/or lessees of the property.
13.
Lighting. Exterior lighting proposed for use on the site shall be planned, erected and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way. The light source shall not be higher than twenty (20) feet and shall not be visible from adjacent properties or public rights-of-way.
14.
Parking. All motor vehicle oriented businesses shall provide for off-street parking in a manner which conforms with the regulations set forth in Article VII of the Zoning Code and all other applicable ordinances of the City of Overland, Missouri.
16.
Storage of merchandise. All merchandise and material for sale and all vending machines shall be displayed within an enclosed building except for the following:
a.
Oil for use in motor vehicles may be displayed or sold from an appropriate rack or compartment at the gasoline station pump islands for the convenience of the customer and station attendant.
17.
Storage of flammable materials. Flammable materials used in the conduct of motor vehicle oriented businesses shall be stored within the building setback lines and in below ground storage tanks. Proper care shall be exercised in design of the proposed storage containers to protect public safety.
18.
Other conditions. The Planning and Zoning Commission may recommend, and the City Council may require, provisions for other conditions which will tend to eliminate or reduce public nuisances caused by noise, heat, odors, smoke, dust, vibration, glare, flooding and traffic congestion and promote the purpose of the Zoning Code.
19.
Building and structures compatibility. All proposed motor vehicle oriented businesses' buildings and structures shall be designed and planned to take advantage of and be compatible with natural features of the site and area and shall not be in conflict with the character of existing structures in areas where a definite pattern or style has been established.
20.
Vacant motor vehicle oriented businesses' buildings. When a motor vehicle oriented business' building becomes vacant for a period exceeding one (1) year, the property owner shall be required to remove or treat in a safe manner approved by the Director of Code Enforcement all flammable materials, storage tanks or areas.
21.
Termination or lapse of conditional use permit. The continuation of a motor vehicle oriented business' conditional use permit shall be dependent upon the conditions established under the permit and this Section and in the event of a change of conditions or non-compliance with conditions, the City Council shall have the right to terminate or revoke the conditional use permit.
When a motor vehicle oriented business' building becomes vacant for a period of one (1) year, the conditional use permit shall lapse. The use of the land thereafter shall conform to the uses permitted in the zoning district in which the property is located. For the purposes of this Chapter, the subject building will be considered vacated by the MVOB when the principal use of the property as an MVOB is no longer actively pursued. Simple ownership, replacement of the MVOB with a non-MVOB use, or use of the property for some secondary use, such as storage, shall not be considered a continuation of the MVOB status.
22.
Non-conforming motor vehicle oriented businesses. Existing motor vehicle oriented businesses which do not comply with the regulations and conditions of this Chapter shall be considered to be non-conforming and allowed to continue; however, all non-conforming motor vehicle oriented businesses shall comply with the following requirements within one (1) year after written notification by the Director of Public Works of items which must be corrected:
a.
Whenever a motor vehicle oriented business is located adjacent to a residential district or residential use on the ground floor, appropriate screening, as provided for in Subsection (1) of this Section, shall be installed.
b.
All exterior lighting shall conform to the lighting requirements in Subsection (13) of this Section.
23.
Rental vehicles. When the rental of equipment, automobiles, trucks and trailers is to be conducted on a motor vehicle oriented business site, additional land area and paved area shall be provided in addition to the driveway, parking area and landscape areas required by this Section for a normal motor vehicle oriented business operation. An additional one thousand (1,000) square feet of site area shall be provided for each five (5) rental units. No parking of rental units shall be permitted on landscaped areas or driveways.
24.
Underground utilities. All utility lines on the site shall be installed underground.
26.
Conflicting provisions. The provisions set forth in this Section provide for standards and procedures to be complied with for all motor vehicle oriented businesses as permitted by this Zoning Code and said provisions are to be followed and complied with in lieu of conflicting conditional use permit and land use procedures and standards provided elsewhere in the Zoning Code of the City of Overland, Missouri.