Union City Zoning Code
ARTICLE XVII
Conditional Uses
Section 405.640 Scope of Provisions.
[R.O. 2012 §405.640]
This Section contains the regulations of the conditional use permit procedure. These regulations are supplemented and qualified by additional general regulations appearing elsewhere which are incorporated as part of this Section by reference.
Section 405.645 Statement of Intent.
[R.O. 2012 §405.645]
It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationship to other land uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety, and general welfare. Such land uses and developments are identified in each particular zoning district under conditional use permits.
Section 405.650 Conditional Use Regulations - All Districts.
[R.O. 2012 §405.650]
A.
If a use or building is specifically permitted in a given district then no conditional use permit is required.
B.
Any use or building otherwise permissible must also meet all requirements by the Planning and Zoning Commission.
C.
Any public building erected and used by any department of the City, County, State, or Federal Government.
D.
Cemetery, crematorium, provided that such building or uses are located on a lot of not less than forty (40) acres. Development plan to be submitted with application.
E.
Hospitals, sanitariums and similar institutions.
1.
Minimum lot area five (5) acres.
2.
Minimum yard two (2) feet for each one (1) foot of building height.
3.
Plan of landscape development to be submitted with application.
4.
Maximum height of structure seventy (70) feet.
5.
Screen planting where abutting residential use, six (6) foot height by six (6) foot width.
6.
Parking and loading. See Off-Street Parking and Loading Space Regulations, Article XIX of this Chapter.
7.
Development plan to be submitted with application.
F.
Day care center "child" or "adult", kindergarten or nursery school.
1.
The City of Union hereby adopts all State of Missouri rules and regulations pertaining to the subjects covered by this Section to include all licensing requirements.
2.
The City of Union shall issue a license for the above purposes only if the applicant therefore shall have a valid license issued by the appropriate agency of the State of Missouri.
3.
In the event an application is made for a related activity for which there is no State license issued, such application shall be handled under the provisions pertaining to conditional use permits applying the State license requirements which are the most clearly related thereto.
G.
Power transmission lines development plan to be submitted with application.
H.
Public Utility Substations Or Exchange, Including Telephone Exchange. Development plan shall be submitted with application to Planning and Zoning Commission.
1.
Plan of landscape development to be submitted with application.
2.
Screen planting where abutting residential, adequate to screen power substation from street view.
3.
Maximum number of principal entrances from major thoroughfare — one (1).
5.
Outdoor artificial lighting shall be approved by Planning and Zoning Commission.
Section 405.655 Conditional Use Regulations - Business Districts.
[R.O. 2012 §405.655]
A.
The following conditional uses shall be considered for use in all business districts, except "B-3". Development plan shall be submitted with application to the Planning and Zoning Commission.
1.
Golf driving ranges or other similar outdoor commercial recreational enterprises.
2.
Outdoor theater.
3.
Outdoor commercial, recreational enterprise.
4.
Retail lumber store.
5.
Planned shopping center.
a.
Purpose. A planned shopping center shall involve a single tract of land which must, at the time of application, be under single ownership or control and shall be a comprehensive development of compatible uses relying upon integrated parking and infrastructure. Planned shopping centers shall be subject to a uniform set of restrictions which shall remain in effect throughout the life of the center and which must be approved as part of the conditional use process.
b.
Area requirements. Planned shopping centers may be developed under a single plan and under a single ownership when the following minimum standards are provided.
(1)
Premises shall contain a minimum area of seventy-five thousand (75,000) square feet total building floor area, with not less than seventy-five percent (75%) thereof (fifty-six thousand two hundred fifty (56,250) square feet) of building floor area for use by retail stores.
(2)
The retail store tenants occupying said minimum square feet of floor space shall be referred to herein as "main or principal tenants"; no such "main or principal tenant" shall sublease or contract for sales through sub-tenants, or other independent department operators on the same premises, except to sublease the entire premises of such main or principal tenant to another substitute or principal tenant.
(a)
No building permits shall be issued until plans are provided for site improvements showing sufficient widening of access roads where necessary. Access roads shall be widened sufficiently to carry two (2) lanes of vehicular traffic into and out of said planned shopping center and such access roads shall be constructed at developer's expense in accordance with the standards of street construction applicable to new construction of public streets in the City of Union. This shall not, however, require any widening of access roads beyond the property boundaries of said planned shopping center.
(b)
All uses except off-street parking and loading facilities and including facilities for storage and removal of refuse shall be conducted within an enclosed building. All loading areas shall be screened from view from adjoining street and adjacent properties.
(c)
Any boundary adjoining an "R" District, except where abutting public streets, shall be provided with a buffer zone, fifty (50) feet in width, including screen border planting; and no drives or walkway shall occupy such buffer zone except as a means of ingress and egress, as necessary.
Section 405.660 Uses Permitted in "B-2" Zoning District With Conditional Use Permit.
[R.O. 2012 §405.660]
A.
Any application for a conditional use permit in a "B-2" Zoning District must be accompanied by a proposed use or development plan. All procedural and substantive requirements for other types of conditional use permits shall be applicable to conditional use permits for "B-2" Zoning Districts. Conditional use permits may be granted for the following purposes:
Section 405.665 Uses Permitted in "R-4" Zoning District With Conditional Use Permit.
[R.O. 2012 §405.665]
A.
Planned mobile home parks may be allowed on less than five (5) acres with a conditional use permit. Any application for a conditional use permit for such use in an "R-4" Zoning District must be accompanied by a proposed use or development plan. All procedural and substantive requirements for other types of conditional use permits shall be applicable to conditional use permits in "R-4" Zoning Districts. In deciding whether or not such a conditional use permit should be granted, the following factors, among others peculiar to the subject tract, shall be considered:
1.
The impact of the proposed use on the property values of the neighboring property;
2.
The existing topographical conditions;
3.
The ability to provide the area with utility reviews; and
4.
The impact that the proposed development would have on the existing infrastructure system to include roads, highways and traffic congestion.
Section 405.675 All Industrial Districts.
[R.O. 2012 §405.675]
A.
Airports, heliports or similar uses.
B.
Planned industrial parks developed under a single plan when the following minimum standards are provided:
C.
Broadcasting Towers For Radio And Television. Development plans shall be submitted with the application to the Planning and Zoning Commission.
1.
Radio, television, and communication studios, transmitting or relay towers, antennae, and other such facilities no greater in height than two hundred (200) feet above the average ground elevation at the perimeter of such structure.
Total height of any structure authorized by conditional use permit shall be authorized by specific conditions of the permit; except the height of structures may be further restricted as provided by the Air Navigation Space Regulations and Federal Aviation Agency (FAA).
2.
Minimum yard requirement — Any structure exceeding thirty (30) feet in height which adjoins "NU" Non-Urban or any "R" Residential District, must be set back from such property line an additional one (1) foot for every two (2) feet in height above thirty (30) feet.
3.
Minimum lot area requirements — Shall be situated on tracts of land sufficient to meet setback lines as may be required by the Planning and Zoning Commission.
Section 405.680 Lot Areas, Lot Dimension, Development Limitation and Yard Requirements.
[R.O. 2012 §405.680]
Any development or use authorized by conditional use permit shall abide by the lot area, lot dimension, development limitation, and yard requirements of the particular zoning district in which the conditional development or use is located. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by conditional use permit.
Section 405.685 Procedures.
[R.O. 2012 §405.685; Ord. No. 3200 §1, 2-12-2007]
A.
Generally. The granting of a conditional use permit may be initiated by a verified application of one (1) or more of the owners of record or owners under contract of a lot or tract of land, or their authorized representatives, or by a resolution of intention by the Planning and Zoning Commission. Procedures for application, review, and approval of a conditional use permit shall be as follows.
B.
Application. Application for a conditional use permit for a specific tract of land shall be addressed to the City of Union Planning and Zoning Commission and filed in its public office. The application shall be filed on forms prescribed for that purpose by the Planning and Zoning Commission and be accompanied by the following:
1.
A deposit of five hundred dollars ($500.00) shall be paid over to the City Clerk of the City of Union at the time the application is filed. The deposit received hereunder by the City Clerk shall be paid over to the City to the credit of the General Revenue Fund. The deposit shall be used for all expenses associated with the review and processing of the application to specifically include, but not necessarily limited to, the notice and publication of any hearing, the expenses incurred for the services of a court reporter, if any, all recording fees and staff time required to process the application. Any balance remaining after deducting for all expenses shall be reimbursed to the applicant. In the event the expenses associated with the application are more than the deposit, the City Clerk shall cause a statement for the balance to be sent to the applicant for immediate payment. The City Clerk shall cause no action to be taken regarding the decision until the balance has been paid.
2.
Legal description of the property.
3.
Outboundary plat of the property.
4.
Preliminary development plan, including but not limited to the following:
a.
Three (3) copies of a plan depicting location and size of buildings, areas to be developed for parking, drives, walkways, and other purposes.
b.
Proposed uses. Approximated location and designation uses of buildings and other structures as well as parking and open areas shall be indicated.
c.
Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.
d.
Approximated location of all isolated trees having a trunk diameter of six (6) inches or more, all tree masses and proposed landscaping.
e.
Two (2) cross-section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.
f.
Proposed ingress and egress to the site, including adjacent streets.
g.
Preliminary plan for provision of sanitation and drainage facilities.
5.
A sworn statement from the applicant, with copies of P.S. Form 3811 Domestic Return Receipt from the USPS, which statement attests that the applicant has notified all property owners within three hundred (300) feet of the property of the proposed use of the property.
[Ord. No. 3985 §1, 12-14-2015]
6.
The Zoning Enforcement Official or his/her designated representative shall post a notice of public hearing in a conspicuous place on said property at least fifteen (15) days prior to said hearing on each side of a property fronting on a street or highway.
[Ord. No. 3985 §1, 12-14-2015]
C.
Public Hearing. A public hearing on the application shall be held by the Planning and Zoning Commission in accordance with the provisions of procedure for amending the Zoning Code, except that the posted public notice signs shall indicate that the public hearing is for a conditional use permit. The public hearing shall be held within forty-five (45) days of verification by the Department of Planning and Zoning that the petition meets the minimum application requirements. The public hearing requirements shall be the same if a petition for a conditional use permit is initiated by resolution of the Planning and Zoning Commission.
D.
Approval Or Denial Of Application. Subsequent to public hearing, the Planning and Zoning Commission, upon receipt of the application and supporting documents, shall file a report within sixty (60) days to the Board of Aldermen in which the Commission shall grant or deny each application for a conditional use permit and state the reasons therefor. The Planning and Zoning Commission may permit those developments and uses where such developments and uses are deemed consistent with good planning practice; can be operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of Union. In approving such conditional uses, the Planning and Zoning Commission shall impose such conditions as it determines necessary. Said conditions shall include but not be limited to the following:
E.
Permit Effective, When. Unless the Board of Aldermen exercises its power of review or a duly filed protest as herein set forth is received by the City Clerk, a conditional use permit or an amendment thereto shall become effective after thirty (30) days of the Board of Aldermen's receipt of the Planning and Zoning Commission's report granting the application. In the event that a conditional use permit is filed in conjunction with a required change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change.
F.
Effect Of Denial. Upon denial by the Planning and Zoning Commission of an application for a conditional use permit, the Commission shall notify the applicant of the denial. If no appeal is filed within thirty (30) days from the denial and if the Board of Aldermen does not exercise its power of review, no subsequent application for a permit with reference to the same property or part thereof shall be filed by any applicant until the expiration of twelve (12) months after the denial. No provision herein shall be construed to prevent the Planning and Zoning Commission or the Board of Aldermen from initiating the procedure provided in this Section by a resolution of intention at any time.
G.
Appeal, Protest Or Board Of Aldermen Review Of Planning And Zoning Commission Decision.
1.
Appeal by petitioner from decision of denial. The petitioner may file an appeal to the Board of Aldermen of a Planning and Zoning Commission denial of an application for a conditional use permit or an amendment thereto. Such protest must be filed within thirty (30) days of the Planning and Zoning Commission's decision.
2.
Protest by specified nearby property owners to decision of approval. Specified nearby property owners may file a protest with the Board of Aldermen against the Planning and Zoning Commission's approval of an application for a conditional use permit or an amendment thereto.
3.
Board of Aldermen review of Planning and Zoning Commission decision.
a.
Within fifteen (15) days after receipt of the Planning and Zoning Commission's report, the Board of Aldermen, upon motion adopted by majority vote, may exercise the power of review of any Planning and Zoning Commission decision on an application for a conditional use permit or amendment thereto.
b.
Before acting on the conditional use permit, the Board of Aldermen shall set the matter for hearing. The Board of Aldermen shall give written notice of such hearing and shall conduct a public hearing after fifteen (15) days' notice thereof has been given. Any person or persons who, in the discretion of the Board of Aldermen, will be aggrieved by any decision or action with respect to the conditional use permit may be heard at the hearing.
c.
Board of Aldermen decision. Following the hearing by the Board of Aldermen on an application, the Board of Aldermen may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission. An affirmative vote of two-thirds (2/3) of the members of the whole Board of Aldermen shall be required to reverse or modify any determination of the Planning and Zoning Commission, providing that:
(1)
The proposed conditional use is to be located in a district wherein such use may be permitted;
(2)
The requirements set forth for such conditional use will be met; and
(3)
The conditional use is consistent with the spirit, purpose, and intent of the Comprehensive Plan, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare.
The Board of Aldermen shall direct the Zoning Enforcement Official or designated official to issue a permit for the conditional use. |
Section 405.690 Site Development Plans.
[R.O. 2012 §405.690]
Subsequent to the effective date of the conditional use permit, a site development plan shall be submitted for review and approval to the Planning and Zoning Commission, as specified in the conditions of the permit. The plan shall contain the minimum requirements established in the conditions governing the conditional use permit. No building permits or authorization for improvement or development for any use requested under provisions of this permit procedure shall be issued prior to approval of such plan.
Section 405.695 Procedure to Amend the Conditions of Conditional Use Permit or Site Development Plan.
[R.O. 2012 §405.695]
A.
In order to amend the conditions of an existing conditional use permit or to amend the site development plan approved for a conditional use permit, the procedure shall be as follows:
1.
To amend conditions of a conditional use permit:
a.
The property owner or authorized representative shall submit a written request to amend conditions to the Planning and Zoning Commission. The Planning and Zoning Commission shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
b.
The Planning and Zoning Commission shall review the proposed condition amendments and file a report with the Board of Aldermen in which the Commission shall grant, deny or modify the requested condition amendments. If the Planning and Zoning Commission determines that the requested condition amendments are not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Commission may require a new public hearing on the matter in accord with the procedure for amending the Zoning Code.
2.
To amend the site development plan:
a.
The property owner or authorized representative shall submit an amended site development plan to the Planning and Zoning Commission. The Planning and Zoning Commission shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
b.
If the Planning and Zoning Commission determines that the proposed amendment to the site development plan is not in conflict with the original proposal as advertised and the preliminary development plan, and meets all conditions of the conditional use permit, the Planning and Zoning Commission may approve said amended plan. The approved plan shall be retained on file by the Planning and Zoning Commission.
Section 405.700 Recording.
[R.O. 2012 §405.700]
Prior to the issuance of any building permit, the property owner shall record a copy of the approved conditional use permit, including attached conditions, and any subsequent amendments thereto and the legal description of the tract with the Franklin County Recorder of Deeds.
Section 405.705 Time Limit and Transferability of Conditional Use Permits.
[R.O. 2012 §405.705; Ord. No. 2908 §§1 — 2, 7-12-2004]
A.
Time Limit. Conditional use permits shall be valid for an unlimited period of time unless a lesser period is provided for in a particular permit. Upon 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 either:
B.
Transferability. As a general rule conditional use permits shall be personal in nature, shall not run with the land and shall not be transferable. The only exception to above stated general rule shall be with regard to buildings constructed for particular purposes within residential zoning districts to specifically include, but not be limited to, two-family dwellings and duplexes. In those instances wherein a building is constructed for a particular purpose within a residential zoning district in accordance with an approved conditional use permit, any such permit shall run with the land and shall be transferable.
Section 405.710 Failure to Commence Construction.
[R.O. 2012 §405.710]
Unless otherwise stated in the conditions of a particular conditional use permit, substantial work or construction shall commence within two (2) years of the effective date of the permit, unless such time period is extended through appeal to an approval by the Planning and Zoning Commission. If no extension of time is received or granted within six (6) months subsequent to the two (2) year period following the effective date of the conditional use permit, the permit shall terminate.
Section 405.715 Pre-Existing Uses.
[R.O. 2012 §405.715]
An existing use which is listed herein as a conditional use, and which is located in a district in which such conditional use may be permitted, shall be considered a conforming use.
Section 405.720 Expansion.
[R.O. 2012 §405.720]
Any expansion of such conditional use involving the enlargement of the buildings, structures, and land area devoted to such use shall be subject to the review and approval procedures described in this Article.