(a)

Applicability. Conditional uses, as listed in each zoning district have been determined to have a unique, special, or potentially adverse impact upon the use or enjoyment of neighboring properties and, therefore, require site plan review by the commission and the city council to assure that the proposed use and site plan meet the standards established herein and the purpose and intent of each of the zoning districts.

(b)

Site and landscape plan required. Each application for conditional use permit approval shall be accompanied by a site and landscape plan (collectively, the "site plan") including the following data and information:

(1)

The location, dimension, material, and configuration of all buildings, structures, and other improvements;

(2)

The location and extent of usable open space;

(3)

The location, access, and other dimensions of proposed off-street parking and loading facilities and the number and configuration of spaces to be provided;

(4)

The location, dimensions, and materials of sidewalks, driveways, and other impervious surfaces;

(5)

The location and intensity of illumination of any illuminated areas;

(6)

The proposed use of open space;

(7)

A landscaping plan, which shall include existing and proposed landscaping on both the subject property and adjacent public areas and an installation schedule;

(8)

The location of all utilities, including electric lines, storm drainage, sanitary sewers, and water service;

(9)

The location and extent of required setbacks and yards;

(10)

The elevation of all buildings and structures to depict height;

(11)

The lot size in square feet and the dimensions thereof;

(12)

Any areas proposed for outdoor storage, refuse collection, exterior mechanical equipment, exterior communication devices, and utility apparatus;

(13)

The dimensions, location and landscaping of required landscape/buffer setbacks and screening;

(14)

The land uses surrounding the lot(s) for which site plan approval is being sought;

(15)

The zoning on the lots and parcels surrounding the lot(s) for which site plan approval is being sought; and

(16)

Such additional information as the city planner may deem pertinent and essential to the application.

(c)

Request for conditional use permit approval. A request for conditional use permit approval shall be made by the applicant in writings on forms provided by the city, shall be accompanied by the site plan, and shall be filed with the city planner. Each request shall be accompanied by payment of the non-refundable fee as set out in subsection 31-075(2). After the completed application, site plan, non-refundable filing fee, and all supporting documentation have been submitted, the city planner shall review the application and site plan for purposes of determining:

(1)

Whether the proposed use is an allowed conditional use in the applicable zoning district; and

(2)

Whether the application for conditional use permit approval and the site plan are complete and in conformance with the requirements as set forth herein.

The city planner shall note the date the application was filed and the date the filing fee was paid and make a permanent record thereof.

If the proposed use is not an allowed conditional use in the applicable zoning district, or if the application or site plan is determined to be incomplete, the city planner shall notify the applicant in writing within ten working days of the date of filing. Thereafter, the applicant may revise and resubmit the application and site plan to the city planner for review. If it is again rejected by the city planner, the applicant may appeal such rejection to the director of planning and community development within 15 days of the applicant's receipt of notice of such rejection, by providing written notice of appeal to the director. The director shall have 30 days to make a final determination as to the appeal and provide written notice to the applicant of the determination.

If the proposed use is an allowed conditional use in the applicable zoning district and the application and site plan are determined to be complete, the city planner shall concurrently forward the application and site plan to the commission.

Failure of the city planner to forward the application to the commission as set forth above shall constitute a determination that the proposed use is not permitted in the applicable zoning district or that the application or site plan is incomplete. The application and site plan shall not be "deemed approved" by a failure to forward the application to the planning commission.

(d)

Review by commission. The commission shall consider the application for conditional use permit approval and the site plan at a regularly-scheduled or a special commission public hearing within 45 days from the date of filing of the application and site plan. Notice of such application shall be given by publication in an official newspaper or a paper of general circulation in the city indicating the time and place of the commission public hearing on said application at least 15 days prior to the public hearing. Additionally, the commission shall make a special effort to inform by first class mail the owners of all property within 185 feet of the property for which the conditional use permit application has been filed. At the public hearing, parties in interest and citizens shall have an opportunity to be heard.

(e)

Procedure for commission recommendation to city council. After the close of the public hearing, the commission shall consider the application for conditional use permit approval, the site plan, relevant supporting data and documentation submitted by the applicant, and all relevant testimony and evidence submitted at the public hearing and shall determine whether the use as proposed conforms to the requirements of this article by considering the factors set forth in subsection hereof. The commission shall make its recommendation to the city council not more than 20 days after the close of the public hearing. If a recommendation is not made within the 20-day period, the commission shall be deemed to have recommended denial.

If such proposed use conforms to the general standards and specific requirements of this article, the commission shall recommend approval of the application and the site plan. If such proposed use does not conform with one or more of the general standards and specific requirements of this article, the commission shall recommend denial of the application and the site plan or recommend approval of the application and the site plan with conditions, pursuant to subsection hereof, to ameliorate the lack of conformance with the general standard or specific requirement. If the commission recommends denial of the application and the site plan, the applicant shall be given 75 days to resubmit the application and site plan with modifications. Approval by the city council is required to obtain a conditional use permit from the director of planning and community development and to apply for and receive a building permit from the chief building official.

(f)

Consideration of factors. The commission shall consider the following factors based on the application for conditional use permit approval and the site plan for the proposed conditional use:

(1)

Whether the proposed conditional use permit is in harmony with the general purpose, goals, objectives and standards of the adopted city land use plan;

(2)

Whether the proposed conditional use permit is detrimental to existing adjacent uses or to uses permitted generally in the zoning district in which the proposed conditional use is to be located;

(3)

Whether the proposed conditional use will generate volumes and/or types of vehicular traffic that will be hazardous to or conflict with the existing or anticipated traffic in the surrounding area;

(4)

Whether the proposed conditional use meets the height, area and design standards established in the zoning district; and

(5)

Whether the site plan for the proposed conditional use illustrates a project design which will be compatible with existing and future permitted uses in the surrounding area.

(g)

Imposition of conditions. Based on the commission's consideration of the factors listed in subsection (f) hereof, the applicant or the commission may recommend the attachment of specific conditions to the application for conditional use permit approval and/or to the site plan to ameliorate the adverse impact of the proposed conditional use permit on the zoning district or on adjacent uses. Such conditions may include, but are not necessarily limited to the following:

(1)

A time limit on the effective period of the conditional use permit;

(2)

Mitigation of adverse impacts by additional on-site buffer, landscaping, setback or open space requirements;

(3)

Mitigation of adverse impacts by restrictions on density, floor area ratio, height, or percentage of lot coverage;

(4)

Mitigation of adverse impacts by the provision of off-site public facilities or improvements;

(5)

Limitations on hours of operation of the conditional use;

(6)

Limitations on noise, odor, vibrations, glare, or dust emanating from the conditional use;

(7)

Limitations on the number of employees of the conditional use;

(8)

Limitations on the materials stored or used on the site;

(9)

Limitations on the height of structures; and

(10)

Requirements for a larger minimum lot area.

(h)

City council action on site plan and conditional use permit. No application for site plan and conditional use permit approval shall be granted without action by the city council within 90 days of the recommendation of the commission and first reading by the city clerk at a regular meeting of the city council. The failure of the city council to act within 90 days shall be deemed to constitute denial of the site plan and application for conditional use permit approval.

(i)

Appeals. Any action by the city council on an application for conditional use permit approval and for site plan approval may be appealed to the circuit court pursuant to the provisions of RSMo ch. 536.

(j)

Time limit on site plan and conditional use permit approval. Approval of a site plan and issuance of a conditional use permit pursuant to this article shall become null and void unless used within one year from the date of council approval unless a shorter time has been prescribed by the conditions of the permit. A permit shall be deemed "used" when actual substantial and continuous activity has taken place upon the land pursuant to the permit, or, in the event of the erection of a structure(s), when sufficient building activity has occurred and continues to occur in a diligent manner.

(k)

Revocation of permits.

(1)

Any building, occupancy, or use permits issued pursuant to an approved site plan and conditional use permit or in conjunction therewith may be revoked by the city for failure to comply with the conditions of approval or for intentionally providing false or misleading information regarding any part of the conditional use permit or site plan. To revoke the conditional use permit and site plan, the city planner shall set a date for a public hearing before the city council and notice a public hearing in accordance with subsection (d) herein. Following such hearing, the city council shall make findings of whether the conditions of the permit have not been complied with and render a decision to revoke or modify the permit.

(2)

In any case where, in the judgment of the city planner, substantial evidence indicates that the use of property pursuant to a conditional use permit is being conducted in a manner detrimental to the public health, safety or welfare, the city planner shall set a date for a public hearing before the city council and notice the public hearing in accordance with subsection (d) herein. Following such hearing, the city council shall make findings of whether the use has been conducted in a manner detrimental to the public health, safety, or welfare, and render a decision whether or not to revoke or modify the conditional use permit and site plan.

(l)

Extensions. The city council may, without public hearing, extend such time for the use of a conditional use permit for a maximum of one additional year, upon application filed with the city planner before the expiration of the one-year limit, or the expiration of such limit as may be specified by the conditions of the conditional use permit.

(m)

Duration. A conditional use permit shall be granted solely for the benefit of the person(s) specified therein or their immediate family and automatically ceases when said person(s) sublets, vacates or sells the land specified therein or discontinues the conditional use granted herein. If the use for which the conditional use permit was granted and utilized has ceased or has been suspended for one year or more, it becomes null and void and of no effect.

(n)

Amendments to an approved site plan or conditional use permit. Should the city planner find substantial or significant deviation from the approved site plan or conditional use permit, the city planner shall notify the applicant of such and direct the applicant to modify or apply for an amendment to the conditional use permit. The procedure for amendment of a site plan already approved or for a request for a change of conditions attached to the issuance of a conditional use permit shall be the same as for a new application for site plan approval or conditional use permit issuance.

(o)

Grandfather clause. No applications for a conditional use permit shall be necessary for the existing uses which were lawful conforming uses and which were rendered conditionally permitted uses by reason of change to this chapter or rezoning, or for uses which have existing valid special use permits as approved prior to the change in this chapter, provided that any expansion in the building site area of such use shall be subject to the issuance of a conditional use permit in accordance with this section. However, a previously approved special use permit shall be subject to the time limits, revocation procedures, extension and duration provisions, and amendment provisions as contained in this section.

(G.O. 3099, § 1(Exh. A), 5-28-24)

(a)

Applications for amendment, revision or change of the zoning district map of St. Joseph or any of the rules, regulations, or provisions of the text of the zoning ordinances of St. Joseph, may be made by any person, or his agent, who owns the land sought to be rezoned. If such application is made by the owner's agent, said agent shall enter upon the application the name and current mailing address of the owner. The application shall be made on forms prescribed by the director of planning and community development and duly filed with the director of planning and community development accompanied by a receipt from the director of financial service showing payment of the nonrefundable filing fee in accordance with Section 31-075, filing fee schedule.

(b)

The city council may direct the director of planning and community development to process any amendment, revision, or changes of the zoning district map of St. Joseph or any of the rules, regulations, or provisions of the text of the zoning ordinances of St. Joseph in accordance with the procedures set forth herein but shall not have to pay the filing fee required by Section 31-075.

(c)

Any application received pursuant to this section, except when directed by the council, shall be accompanied by an explanation and reasons for the proposed changes. Rezoning applications shall also be accompanied with a zoning plat map which contains the following information:

(1)

The boundaries and lot line dimensions of land to be rezoned;

(2)

Identification of the adjacent streets and alleys;

(3)

A north arrow and scale of the zoning plat map;

(4)

Identification of existing zoning and proposed zoning;

(5)

Existing, and proposed land uses; and

(6)

Existing adjacent land uses.

(d)

After the application, explanation, and zoning plat map along with the required fees as provided in Section 31-075, have been submitted, the director of planning and community development or designee shall note the date of filing and shall review the documents for completeness. If the documentation is incomplete, the director of planning and community development or designee shall notify the applicant in writing within ten working days. Thereafter, the applicant may resubmit the application and supporting documents and the director of planning and community development or designee shall treat the application as a new matter. If it is again rejected, the applicant may appeal pursuant to subsection (1) hereof.

(e)

Once a complete application is submitted, the director of planning and community development or designee shall then forward such application to the commission. The commission shall consider the application within 30 days from the receipt of such application. Notice of such application shall be given by publication in an official paper or a paper of general circulation in the city of the time and place of the commission's hearing thereon, at least 15 days prior to said hearing. Additionally, the commission shall make a special effort, by first class mail, to inform the owners of all property within 185 feet of the property in question of the proposed amendment, revision, or change of the zoning district map. Said notice shall be made at least 15 days prior to the commission hearing in relation thereto. The notice shall advise such property owners that the form for filing a valid protest with the commission may be obtained from the office of the director of planning and community development upon request by any such property owner. At the public hearing, parties in interest and citizens shall have an opportunity to be heard.

(f)

In case a protest against such revision, change, or amendment is presented to the commission for consideration at the hearing relating thereto, duly signed and acknowledged by the owners of 30 percent or more either of the areas of the land (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the district proposed to be changed, such protest and whether it is sufficient or insufficient shall be made of record by the commission.

(g)

The protest, or lack thereof, shall be noted in the commission's recommendations which shall be forwarded to the director of planning and community development who shall cause such amendment to be drafted into proper ordinance form. The subject ordinance proposing the amendment and the recommendations of the commission shall be forwarded to the city attorney, who shall review and approve its form.

(h)

The city manager within 15 days shall review the proposed amendment and the supporting information from the commission prior to filing with the office of the city clerk. Before acting upon any application for amendment, revision, or change of the zoning district map, the city clerk on behalf of the council shall set a time and place for a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in an official paper of general circulation in the City of St. Joseph.

Thereafter, the ordinance containing the proposed amendment shall be considered for passage in the manner required by Section 3.9 of the City Charter.

(i)

If a sufficient valid protest was received by the commission, the proposed amendment, revision, or change shall not become effective except by the favorable vote of two-thirds of all members of the council.

(j)

In order to accommodate the maximum number of interested persons who desire to attend the meetings of the commission, all meetings shall be held on the day set by the commission at 5:30 p.m., unless a different time is designated by the commission. Adequate notice of the date, time, and place of each meeting (hearing) shall be given in the manner required by law.

(k)

Consideration of factors. The commission shall consider the following factors based on the application for amendment, revision, or changes of the zoning district map or any of the rules, regulations, or provisions of the text of the zoning code:

(1)

Whether the proposal is in conformance with the goals and policies contained in all elements of the comprehensive plan;

(2)

Whether the proposal is in keeping with the purpose of the zoning districts;

(3)

Whether the proposal is detrimental to the public health, safety, and welfare;

(4)

Whether the proposal is detrimental to existing or potential adjacent land uses;

(5)

Whether the proposal will generate traffic levels inappropriate, hazardous, or detrimental to the existing or potential nearby land uses.

(l)

Appeals. Any action taken by the city council on an application for rezoning or zoning code amendment may be appealed to the Circuit Court of Buchanan County pursuant to the provisions of RSMo. Ch. 536.

(G.O. 3099, § 1(Exh. A), 5-28-24)

No application for rezoning or for conditional use permit of any tract, lot, or parcel of land consistent with the original application within the City of St. Joseph, Missouri, as provided for in Sections 31-070 and 31-071 of the code of ordinances, shall be filed or allowed prior to the expiration of six months from the time that the city shall have finally acted on any application for rezoning or conditional use permit of all or any part of the same tract, lot, or parcel of land.

(G.O. 3099, § 1(Exh. A), 5-28-24)

(a)

The chief building official, or duly authorized representative, shall have the power to enforce the provisions of this ordinance. No building or other structure shall be erected, constructed, reconstructed, moved, nor shall it be altered without first obtaining a building permit from the chief building official.

A building permit shall be issued for any building, structure, or construction when the chief building official finds the same to be in conformity in every respect with all the provisions of this zoning ordinance.

The chief building official shall be empowered to act within the provisions of this ordinance upon all applications for building permits and the same shall be approved or denied within 15 days. In the event of refusal to issue a permit upon application, as herein provided, the applicant may perfect an appeal to the board of adjustment as provided in Section 31-090.

For each building permit issued there shall be charged and collected from the applicant a fee in accordance with ordinances governing the same.

There shall be a separate permit for each building or structure to be erected, constructed, reconstructed, moved, altered, or established except accessory buildings or uses which may be included in the permit for the main building when construction or establishment is simultaneous.

(b)

A permit may be revoked by the chief building official at any time prior to the completion or establishment of the building or structure for which the permit was issued for the following reasons:

(1)

When there is departure from the specifics set forth in the application for the permit;

(2)

When the permit was procured by false representation or was issued by mistake; or

(3)

When any of the provisions of the zoning ordinance are being violated.

Upon the failure of any owner, his agent, contractor, or duly authorized representative to secure such permit and pay the prescribed fee therefore, as herein provided, the chief building official may issue a stop-work order. The chief building official shall give 24 hours written notice of such revocation or stop order prior to revoking the permit or issuance of a stop order. Such written notice will be served upon the owner, his agent or contractor or upon the owner's duly authorized representative.

(c)

Occupation permits. No occupation license or other such license or permit to operate or conduct any business in this city shall be issued by the city license inspector unless and until the applicant therefor shall first have secured a zoning certificate from the department of community services that such business is not prohibited at the designated address or location of such business under the provisions of this ordinance. This certificate shall be presented to the city license inspector when the applicant applies for the occupation license or other license or permit to operate or conduct any business. Only one such certificate need be obtained for each type of business at any one address or location and shall be shown each time a license or permit is requested. A new certificate shall be obtained whenever a business is moved to a new location or the type of business is changed.

(d)

Violation and penalty. In case any building or structure is erected, constructed, reconstructed, moved, or altered in violation of this ordinance, the chief building official, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, moving, or alteration, and to restrain, correct, or abate such violation or to prevent the occupancy of said building, structure, or land, or to prevent any violation of the zoning ordinance.

The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of any entire building or entire premises where such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part in, or assists in any violation or who maintains any building or premises in which any violation shall exist shall be guilty of a misdemeanor. The violation shall be punishable by a fine of not less than $10.00 and not more than $100.00 for each day that such violation continues. If the offenses are deemed willful, on conviction thereof, the punishment shall be a fine of not less than $100.00 nor more than $250.00 for each day that such violation shall continue or by imprisonment for up to ten days for each day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.

(G.O. 3099, § 1(Exh. A), 5-28-24)

Nothing herein contained shall require any change in the plans, construction, or designated use of a building of which construction was started at the time of the adoption of this ordinance. In addition, any building or structure for which a permit was approved by the City of St. Joseph not more than six months prior to the adoption of this ordinance, may be constructed according to the terms of that permit.

(G.O. 3099, § 1(Exh. A), 5-28-24)

The following is the filing fee schedule for applications, appeals or renewals of:

(1)

Amendment, revision or change of the zoning district map: $1,365.00.

(2)

Conditional use permit:

a.

All uses except large day care home and day nursery home uses: $1,110.00.

b.

Large day care home and day nursery home uses in a residential zone district: $160.00.

(3)

Appeal to the board of adjustment: $630.00.

(4)

Variance or exception filed with the board of adjustment:

a.

Single and two-family residential: $250.00.

b.

Signs: $500.00.

c.

Commercial buildings under 20,000 square feet: $920.00.

d.

Commercial buildings over 20,000 square feet: $1,210.00.

The above nonrefundable filing fees shall be paid to the director of administrative services and a receipt showing payment of said fees will be provided.

(G.O. 3099, § 1(Exh. A), 5-28-24)