Twin Oaks City Zoning Code
ARTICLE XI
Conditional Uses
Section 400.420 Conditional Uses.
[Ord. No. 20-21, 12-16-2020; Ord. No. 23-07, 5-17-2023]
A.
Generally.
1.
The purpose of conditional use permits 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 of surrounding areas. Based upon this determination, the City may decide to approve, reject, or approve conditionally the use for which the conditional use permit is sought.
2.
The Board of Aldermen may authorize by ordinance, under prescribed conditions, the construction or undertaking of any conditional use that is expressly permitted as a conditional use in a particular zoning district; however, the City reserves full authority to deny any request for a conditional use permit, to impose conditions on the use, or to revoke approval at any time, upon a finding that the permitted conditional use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the use.
3.
An application for a conditional use permit may be filed by the owner of the subject property or any person with a financial, contractual, or proprietary interest in the subject property who also submits the owner's consent to the application.
B.
Standards. The Board of Aldermen shall not approve a conditional use unless it finds that the application and evidence presented clearly indicate that the proposed conditional use:
1.
Complies with all other applicable environmental performance standards, design and development standards of Section 405.120, the criteria in Section 500.140, and the standards of this Land Use Code (Title IV) regarding yard and setback, parking and loading requirements, screening and buffering, refuse, storage and service areas, and signs.
2.
Will contribute to and promote the community welfare and convenience at the specific location.
3.
Will not cause substantial injury to the value of neighboring property.
4.
Meets the applicable provisions of the City's Comprehensive Plan and complies with other applicable zoning district regulations and provisions of this Chapter, unless good cause exists for deviation there from.
5.
Will provide, if applicable, erosion control and on-site stormwater detention in accordance with the standards contained in this Chapter.
6.
Will be compatible with the surrounding area and thus will not impose an excessive burden or have a substantial negative impact on surrounding or adjacent users or on community facilities or services.
In approving a conditional use permit application, the Board of Aldermen may impose conditions and restrictions as necessary to assure that the standards of this Section are complied with, and the general intent of this Chapter is carried out. Exercise of the rights granted pursuant to the issued permit shall constitute acceptance of all conditions and restrictions imposed by the Board of Aldermen. Any future enlargement or alteration in the use of the structure or site must be approved by the Board of Aldermen upon receipt of the recommendation of the Planning and Zoning Commission as an amendment to the conditional use permit before a building permit for the enlargement or alteration may be issued. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter punishable as provided in Section 400.510 of this Chapter. |
Nothing herein shall be construed to require the City to issue a conditional use permit; the Board of Aldermen reserves full authority to deny any request for a conditional use permit. |
C.
Conditional Uses. The Board of Aldermen may, after public hearing and recommendation of the Planning and Zoning Commission, by conditional use permit authorize the location of any of the following buildings or uses in the zoning districts specified in this Section:
1.
Any public building not owned or operated by the City of Twin Oaks located in any zoning district.
2.
Community building or recreation field not owned or operated by the City of Twin Oaks located in any zoning district.
3.
Nurseries and greenhouses in any zoning district; provided that all principal buildings and accessory buildings shall not be located less than one hundred (100) feet from a lot line.
4.
Comprehensive marijuana dispensary facility and medical marijuana dispensaries, where the operation meets the spacing requirements of Section 400.295 and meets the standards contained in Section 400.420(B).
5.
Uses listed as "conditional uses" in the underlying zoning district.
D.
Mandatory Conditions for Comprehensive Marijuana Dispensary Facility and Medical Marijuana Dispensaries (hereinafter "Dispensary" or "Dispensaries"). Any grant of a conditional use permit under this section for a dispensary shall include the following conditions for approval:
1.
State License Required. All dispensaries must have the appropriate license and any other required authorization to operate the dispensary from the Department to operate in the City. Applicant may seek zoning approval prior to being granted a State license, but no final approval shall be given until such State-issued license has been obtained and satisfactory proof of such licensure has been provided to the City. Continued operation in the City shall always require such licensure to remain valid.
2.
Outdoor Operations Or Storage. No outdoor operations or storage of materials, products, or equipment shall be allowed.
3.
Odor Control And Nuisance. Every dispensary shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 215, Nuisances, of the City Code.
4.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed or administered on the premises of any dispensary facility.
5.
Hours Of Operation. All sales or distribution of medical marijuana and any other products sold to the public through a dispensary shall take place between the hours of 9:00 A.M. and 9:00 P.M. Monday to Friday, from 9:00 A.M. and 6:00 P.M. Saturday, and from 10:00 A.M. and 6:00 P.M. Sunday.
6.
Security. Dispensaries shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed by a dispensary may be present in such facility at any time closed to the public. Dispensaries shall have and maintain security systems, equipment, and procedures at least as stringent as those which are required by State regulations.
7.
Display Of Licenses Required. The dispensary facility license issued by the Department and any and all licenses issued by the City of Twin Oaks shall be displayed in a prominent place in plain view near the front entrance of the facility as required by State regulations.
9.
Additional Requirements. A dispensary shall comply with all generally applicable provisions of the Zoning Code of the City of Twin Oaks, all provisions of Article XIV of the Missouri Constitution as well as any and all rules and regulations promulgated by the Department regulating marijuana, including, but not limited to, security requirements, lighting, parking, record maintenance and retention and patient verification requirements.
10.
Visibility. Marijuana product or marijuana accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.
11.
Signage. Signage shall be in accordance with Chapter 410. To the extent allowed by law, outdoor signage shall be in compliance with the rules and regulations of the Department, including that the signs or advertising may not display any text other than the facility's business name or trade name, address, phone number, website, or directional signage.
12.
Drive-Throughs. Dispensary facilities must follow all requirements found in Section 400.340(B)(1)(e) and all motor vehicle oriented businesses and obtain additional approval to utilize a drive-through. As part of the conditional use process, the Board of Aldermen may require additional queuing or other conditions related to the drive-through to ensure the public safety is protected and the surrounding properties are not negatively affected.
Section 400.430 Application And Approval Procedures.
[Ord. No. 20-21, 12-16-2020]
A.
Applications for a conditional use permit shall be made to the Board of Aldermen on forms provided by the City together with a site development plan and descriptive material sufficient to describe the intensity and extent of the proposed conditional use. Within thirty (30) days of receipt of an application for conditional use permit, the Code Enforcement Official shall determine the sufficiency of the site development plan and descriptive material and, if determined to be insufficient, the Code Enforcement Official shall provide written guidance to the applicant identifying materials and information necessary to render the application sufficient for review.
B.
Upon the filing of a complete application for conditional use permit with the Board of Aldermen, the City Clerk, after providing copies of the application to the Board of Aldermen, shall refer the application and support documentation to the Planning and Zoning Commission for review, study and report with specific reference to resulting traffic hazards or congestion, fire hazards, effect on the character of the neighborhood, effect on the general welfare of the community and impact on public utility facilities. The Planning and Zoning Commission shall review the application and shall report to the Board of Aldermen the Planning and Zoning Commission's recommendations for approval, disapproval or modification of the proposed conditional use and site development plan.
C.
Upon receipt of the recommendation of the Planning and Zoning Commission, or if no recommendation is received, upon the expiration of the sixty-day review period, the Board of Aldermen shall schedule and conduct a public hearing on the proposed conditional use and site development plan after having given notice of time, place and purpose of the hearing by publication at least once in a newspaper of general circulation within the City which publication shall appear at least fifteen (15) days prior to the date of the hearing. The Board of Aldermen may continue the hearing from time to time without further publication upon designation at the hearing of the time and place of the continuation and notation of such continuation in the minutes of the Board of Aldermen.
D.
Upon conclusion of the hearing, the Board of Aldermen shall determine whether the proposed conditional use and site development plan will: substantially increase traffic hazards or congestion; substantially increase fire hazard; adversely affect the character of the neighborhood; adversely affect the general welfare of the community; overtax or adversely impact public utilities. If the findings of the Board of Aldermen are negative as to all of the above subjects, the Board of Aldermen shall approve by ordinance the conditional use permit together with such site, use and operational conditions as may be imposed and specified. If the findings of the Board of Aldermen are affirmative as to any of the above subjects, the Board of Aldermen shall disapprove the conditional use.
E.
Proposed construction or development of a conditional use approved pursuant to this Section shall commence within one (1) year of the date of approval by the Board of Aldermen of the conditional use and site development plan or the approval shall lapse and be void.
F.
Any approved conditional use shall continue to be used and operated in accordance with any conditions imposed at the time of approval, provided that the holder of a conditional use permit may apply for modifications of the conditions in accordance with the procedures provided for an original conditional use permit application.