Conditional uses are those types of uses which tend to be problematic because they: (1) have a tendency to generate significant traffic volumes and/or turning movements, (2) have operational characteristics that may have a detrimental impact on adjacent or nearby properties, or (3) have other characteristics which may impact public health, safety, or welfare; but can be approved if such uses meet the criteria established herein. Conditional uses also include public and quasi-public uses affected with the public interest. In order to ensure that detrimental impacts are avoided or mitigated to a satisfactory level, conditional uses must be reviewed, approved, and issued a conditional use permit, in accordance with the provisions of this Section. The Board of Aldermen reserves full authority to deny any request for a conditional use, to impose conditions on the use, or to revoke approval at any time in accordance with Section 8.4.4. Conditional uses are listed for each zoning district (see Section 3 of this Ordinance).

(Ord. No. 2282, § 1, 3-28-2023)

8.2.1

Initiation of the conditional use permit process. The conditional use permit process may be initiated by submitting a completed application and supporting documentation from one or more of the owners of record or owners under contract of a lot of record, or their authorized representative, or by the Planning and Zoning Commission or the Board of Aldermen.

8.2.2

Application and plan requirements. An application form for a conditional use permit shall be filed with the City Engineer. In addition to submitting the completed application, the applicant shall submit the following information if deemed necessary by the Public Works Director or his/her designee:

1)

Legal owners of the property proposed for the conditional use permit.

2)

Common street address of the property proposed for the conditional use permit.

3)

Site plan.

4)

Estimated impact of the conditional use on the surrounding properties and adjacent streets, including, but not limited to, average daily and peak hour traffic generation, existing traffic volumes of adjacent streets, if available, use of outdoor intercoms, and any other operational characteristics of the proposed use that may have impacts on other adjacent or nearby properties.

5)

Optionally, at the applicant's discretion, unless otherwise required by the Board of Alderman or Planning and Zoning Commission, any perspectives, elevations, or models that will assist in clarifying the proposal.

8.2.3

Review procedure.

1)

Submission by applicant:

a.

The applicant shall submit one copy of the site plan and other information required by Section 8.9.2 to the City Engineer for staff review. The City Engineer shall provide site plan and other information to the aldermen of the Ward in which the proposed CUP is located. Upon completion of staff review, the applicant shall submit the requested number of copies, incorporating any necessary changes, to the City Engineer for distribution to the Planning and Zoning Commission and the Board of Aldermen.

b.

The initial submittal of the application and supporting information shall be submitted not later than close of City Offices of the day after the regular Board of Aldermen meeting in order to be considered at the next regularly scheduled Planning and Zoning Commission meeting and shall be posted on the transparency portal on the City's website.

2)

Planning and Zoning Commission review:

a.

The application and supporting information shall be taken under consideration by the Planning and Zoning Commission for its recommendation and report, which report shall be delivered in writing to the Board of Aldermen within 90 days from the date of acceptance of the application.

b.

The Planning and Zoning Commission shall consider the extent to which the evidence provided demonstrates compliance with the criteria contained in this Section. In the event that the Planning and Zoning Commission concludes that insufficient information has been provided to make a determination of compliance with such standards, it may postpone its recommendation until such time sufficient information has been provided to render a recommendation to the Board of Aldermen, or it may recommend denial of the conditional use permit application. The Planning and Zoning Commission shall recommend to the Board of Aldermen that the conditional use permit be approved, denied, or approved with conditions. Such conditions may include, but are not limited to, one or more of the following:

i.

Size, height, and location of proposed buildings and structures;

ii.

Landscaping and screening;

iii.

Parking and loading requirements;

iv.

Signage;

v.

Traffic flow and access requirements;

vi.

Exterior lighting;

vii.

Hours of operation; or

viii.

Architectural and engineering features.

c.

These conditions may be in addition to any regulations contained in the applicable zoning district or other applicable regulations of the City, to the extent that they serve to avoid or sufficiently mitigate any potential adverse impact of a conditional use.

d.

City Engineer shall provide site plan and other information to the aldermen of the Ward in which the proposed CUP is located.

3)

Board of Aldermen action:

a.

Upon the filing of the report by the Planning and Zoning Commission, the Board of Aldermen shall proceed to hold a public hearing in relation thereto. Notice of such hearing shall comply with the public notice requirements contained in Section 13 of this Ordinance.

b.

After said public hearing, the Board of Aldermen may deny, approve, or approve with conditions, including the adoption of the Planning and Zoning Commission's recommendations on conditions of use or a modified version thereof. The recommendations of the Planning and Zoning Commission shall not be binding on the Board of Aldermen. The Board of Aldermen may refer the application back to the Planning and Zoning Commission for further study before making its final decision. If Planning and Zoning Commission has made an adverse finding, the Board of Aldermen may only approve the action requested by the applicant by the affirmative vote of not less than two-thirds (⅔) of the entire membership of the Board of Aldermen.

c.

In approving a conditional use, the Board of Aldermen may require greater setbacks and/or buffer areas than required by this Ordinance and may include other restrictions on the development not otherwise specified or required in this Ordinance, provided that such additional requirements or restrictions are reasonable and necessary to address specific issues related to the site and/or to protect areas adjacent to the proposed development.

8.2.4

Protest. In case of a protest petition against any proposed conditional use signed and acknowledged by the owners of thirty 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 one hundred and eighty-five feet distant from the boundaries of the proposed conditional use; such conditional use shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the Board of Aldermen. The 30% threshold required for a protest under this Section is determined by computing a ratio of the total area contained in the protesting lots divided by the area contained in all lots within the 185 foot radius of the subject parcel.

8.3.1

Criteria. The Board of Aldermen shall not approve any conditional use, which they determine to:

1)

Substantially increase traffic hazards or congestion.

2)

Substantially increase fire hazards.

3)

Adversely affect the character of the neighborhood.

4)

Adversely affect the general welfare of the community.

5)

Overtax public utilities.

6)

Conflict with standards contained in Section 5.

7)

Conflict with the goals and objectives or proposed land use in the comprehensive plan.

8.4.1

Permit effective date. The conditional use permit shall become effective upon approval by the Board of Aldermen. In the event that an application for a conditional use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change.

8.4.2

Site plan approval and issuance of permit. If the Board of Aldermen approves a conditional use permit with conditions or restrictions that affect the site plan as previously submitted, said site plan shall be revised to reflect such applicable conditions or restrictions and submitted to the City Engineer. Upon determination that the site plan complies with such conditions or restrictions, the City Engineer shall issue a written statement that it complies with the conditions of the conditional use permit issued by the Board of Aldermen.

8.4.3

Failure to commence construction or operation. Unless otherwise stated in the conditions of a particular conditional use permit, substantial construction work or operation of the conditional use (where construction is not involved) shall be null and void if construction has not commenced within 15 months and is not completed within 30 months after the date of adoption of the ordinance approving the conditional use permit.

8.4.4

Revocation of conditional use permit. Upon finding violation of the terms of the conditional use permit, the Board of Aldermen shall have the authority to revoke the permit after notice to the permittee and/or property owner and affording the same the opportunity to be heard.

8.4.5

Transferability. All conditional use permits shall be approved for the specific tract or parcel of land and may not be transferred to any other location. Once an approved conditional use is established, the conditional use permit may be transferred to a successor landowner or operator upon delivery to the City Engineer of the written acceptance of the terms and conditions of the conditional use permit by such successor.

Prior to processing any conditional use permit application, the applicant or developer shall pay any fee required in full and deposit with the City such amounts as required by the fees, penalties, and fines schedule for the City of Sunset Hills Municipal Code as it may be amended or replaced