University City City Zoning Code
ARTICLE XI
Conditional Uses
Section 400.2670 Intent and Purpose.
[R.O. 2011 §34-130; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
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. 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 Article. Conditional uses are listed for each zoning district (see Article IV of this Chapter) and include motor vehicle oriented businesses (MVOB) as defined in Article II. |
Section 400.2680 Initiation of The Conditional Use Permit Process.
[R.O. 2011 §34-131.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
The conditional use permit process may be initiated by submitting a completed application and supporting documentation from one (1) or more of the owners of record or owners under contract of a lot of record (or zoning lot), or their authorized representative, or by the Plan Commission or City Council.
Section 400.2690 Application and Plan Requirements.
[R.O. 2011 §34-131.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
An application form for a conditional use permit shall be filed with the Zoning Administrator. The application form is available at the Department of Community Development. In addition to submitting the completed application, the applicant shall be required to submit the following information:
1.
Legal owners of the property(ies) proposed for the conditional use permit;
2.
Legal description of the property(ies) proposed for the conditional use permit, when the proposed use involves a substantial addition or new construction;
3.
Common street address of the property(ies) proposed for the conditional use permit;
5.
Description of the proposed conditional use, shown on the site plan and in narrative form, if such narrative would help in understanding the nature of the use;
6.
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.
Section 400.2700 Review Procedure.
[R.O. 2011 §34-131.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Submission By Applicant. The applicant shall submit one (1) copy of the completed application and twelve (12) copies of the other information required by Section 400.2690 to the Zoning Administrator. In the case of applications for a conditional use for a historic landmark or conditional use within a historic district, the applicant shall submit nine (9) additional copies of this same information.
B.
Zoning Administrator And Staff Review.
1.
Completeness of submittal. Upon receipt of the conditional use permit application and associated information, the Zoning Administrator shall review the documents to determine acceptability for submission. If the Zoning Administrator determines the submittal is complete, then the submittal shall be date stamped.
2.
Distribution. After formal acceptance of the application, the Zoning Administrator shall distribute copies of the documentation to the Director of Community Development and other City staff as appropriate. In the case of applications for a conditional use pertaining to an established historic landmark or it is within an established historic district, the Zoning Administrator shall also forward a copy of the same documentation to the Historic Preservation Commission.
3.
Staff review. The Director of Community Development shall review the proposed conditional use, and solicit comments from other City staff with respect to meeting the requirements of this Chapter, other applicable City regulations, and with respect to good site planning, and measures taken to avoid or mitigate impacts of the proposed use on the surrounding area. The results of this review shall be reported to the Plan Commission within sixty (60) days of formal acceptance of the application.
C.
Plan Commission.
1.
Public hearing. The Plan Commission shall hold a public hearing on the application at such time that is mutually agreeable between the Commission and the applicant and which complies with the public notice requirements contained in Article XV of this Chapter. In addition, the Historic Preservation Commission shall be notified of the public hearing, when a proposed conditional use pertains to an established historic landmark or is within an established historic district, and given the opportunity to present its recommendation to the Plan Commission at the hearing.
2.
Plan Commission recommendation. Once the Plan Commission is satisfied that they have heard all relevant facts, it shall recommend to the City Council that the conditional use permit be approved, denied or approved with conditions. Such conditions may include, but are not limited to, one (1) or more of the following: size, height and location of proposed buildings and structures; landscaping and screening; parking and loading requirements; signage; traffic flow and access requirements; lighting; hours of operation; open-space areas; drainage and storm water facilities; or architectural and engineering features. These conditions shall be in addition to any regulations contained in the applicable zoning district or other applicable regulations of the City.
D.
City Council Action.
1.
After receipt of the Plan Commission's recommendation and report, the City Council shall consider the proposed conditional use permit. The Council may deny, approve or approve with conditions, including the adoption of the Plan Commission's recommendations on conditions of use or a modified version thereof. The City Council may refer the application back to the Plan Commission for further study before making its final decision. The City Council reserves full authority to deny, approve or approve with conditions, any application for a conditional use permit.
[Ord. No. 7217, 2-27-2023]
2.
The City Council, in imposing conditions and restrictions, may adjust the standards set forth in this Chapter when it finds such adjustment will be more effective in achieving the spirit and intent of the Chapter. Such adjustments are permitted to be more restrictive or less restrictive, provided that no dimensional regulations or standard shall become less restrictive by a factor of more than twenty percent (20%).
Section 400.2710 Review Criteria.
[R.O. 2011 §34-132.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
It shall be the responsibility of the applicant to clearly establish that the following criteria are met:
1.
The proposed use complies with the standards of this Chapter, including performance standards, and the standards for motor vehicle oriented businesses, if applicable, as contained in Section 400.2730 of this Article;
2.
The impact of projected vehicular traffic volumes and site access is not detrimental with regard to the surrounding traffic flow, pedestrian safety, and accessibility of emergency vehicles and equipment;
3.
The proposed use will not cause undue impacts on the provision of public services such as police and fire protection, schools, and parks;
4.
Adequate utility, drainage and other such necessary facilities have been or will be provided;
5.
The proposed use is compatible with the surrounding area;
6.
The proposed use will not adversely impact designated historic landmarks or districts; and
7.
Where a proposed use has the potential for adverse impacts, sufficient measures have been or will be taken by the applicant that would negate, or reduce to an acceptable level, such potentially adverse impacts. Such measures may include, but not necessarily be limited to:
a.
Improvements to public streets, such as provision of turning lanes, traffic control islands, traffic control devices, etc.;
b.
Limiting vehicular access so as to avoid conflicting turning movements to/from the site and access points of adjacent properties, and to avoid an increase in vehicular traffic in nearby residential areas;
c.
Provision of cross-access agreement(s) and paved connections between the applicant's property and adjacent property(ies) which would help mitigate traffic on adjacent streets;
d.
Provision of additional screening and landscape buffers, above and beyond the minimum requirements of this Chapter;
e.
Strategically locating accessory facilities, such as trash storage, loading areas, and drive-through facilities, so as to limit potentially adverse impacts on adjacent properties while maintaining appropriate access to such facilities and without impeding internal traffic circulation;
f.
Limiting hours of operation of the use or certain operational activities of the use (e.g., deliveries); and
g.
Any other site or building design techniques which would further enhance neighborhood compatibility.
The Plan Commission shall consider the extent to which such evidence demonstrated compliance with the foregoing criteria. |
Section 400.2720 Findings of Fact.
[R.O. 2011 §34-132.2; Ord. No. 6765 §1, 1-26-2009]
A.
The Plan Commission shall not recommend approval of a conditional use permit unless it shall, in each specific case, make specific written findings of fact based directly upon the particular evidence presented to it supporting the conclusion that the proposed conditional use:
1.
Complies with all applicable provisions of this Chapter;
2.
At the specific location will contribute to and promote the community welfare or convenience;
3.
Will not cause substantial injury to the value of neighboring property;
4.
Is consistent with the Comprehensive Plan, neighborhood development plan (if applicable), the Olive Boulevard Design Guidelines (if applicable), and any other official planning and development policies of the City; and
Section 400.2730 Standards For Motor Vehicle Oriented Businesses.
[R.O. 2011 §34-132.3; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 7365, 8-12-2024]
A.
Applicability. This Section shall apply only to developments having frontage on or access to Olive Boulevard except such developments between Interstate 170 and McKnight Road or Woodson Road.
B.
Locational Requirements. All motor vehicle oriented businesses shall be a minimum of one hundred (100) feet from any other motor vehicle oriented business located on the same side of Olive Boulevard, which distance shall be computed as follows:
1.
Such distance shall be measured between the two (2) nearest property lines.
2.
Where a motor vehicle oriented business is a part of a larger development, the one hundred (100) feet shall be measured from the limits of the out parcel, if so designated. If an out parcel is not designated, the distance shall be measured from the boundary of an area which would normally be required for the operation of such motor vehicle oriented business, as approved by the Zoning Administrator.
3.
Where a business is located in a tenant space which is part of a multi-tenant development, and would otherwise be considered a motor vehicle oriented business, the provisions of this Section shall not apply so long as the business shall not provide drive-through services to persons while in their vehicles.
C.
Site Development Standards. The following site development standards are in addition to other standards contained in this Chapter, such as parking and loading, signs, and screening requirements.
1.
Lot Area And Dimensional Standards. The following lot area and dimensional standards shall be met for all motor vehicle oriented businesses:
2.
Minimum Lot Area For Gasoline Stations. Gasoline stations, constituting motor vehicle oriented businesses, shall comply with the following lot area standards:
a.
Gasoline stations shall be limited to two (2) service islands and three (3) fuel dispensing pumps per island for the first (1st) twenty thousand (20,000) square feet of lot area.
b.
One (1) service island and three (3) fuel dispensing pumps, plus one (1) vehicle service bay (or vehicle repair bay, where permitted) may be added for each one thousand five hundred (1,500) square feet exceeding the minimum twenty thousand (20,000) square feet of lot area. However, in no case shall more than six (6) service islands be allowed at any gasoline station nor more than three (3) fuel dispensing pumps permitted on each service island, and no more than three (3) vehicle service bays (or vehicle repair bays, where permitted) shall be allowed for each such station.
3.
Ingress And Egress.
a.
The minimum width of driveways at the street right-of-way line shall be twenty-four (24) feet, and the maximum shall be thirty-six (36) feet.
b.
The minimum distance of any driveway to any side lot line shall be twenty-four (24) feet. This distance shall be measured from the side lot line to the intersection of the street right-of-way line and the edge of the driveway.
c.
Driveway openings shall be limited to one (1) drive per one hundred (100) feet of lot frontage. For parcels with frontage on more than one (1) street, the number of driveway openings shall be based on the frontage length on each street individually.
d.
The minimum distance between a driveway entrance and a street intersection shall be thirty (30) feet measured from the intersection of the street right-of-way to the nearest end of the curb radius of the proposed driveway.
Section 400.2740 Permit Effective Date.
[R.O. 2011 §34-133.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
The permit shall become effective upon approval by the City Council. 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.
Section 400.2750 Site Plan Approval and Issuance of Permit.
[R.O. 2011 §34-133.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
If the Council 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 Zoning Administrator. Upon determination that the site plan complies with such conditions or restrictions, the Zoning Administrator shall issue a conditional use permit.
Section 400.2760 Failure To Commence Construction or Operation.
[R.O. 2011 §34-133.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
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 commence within one (1) year of the effective date of the permit unless such time period is extended by the Council. If no extension of time is granted, the permit shall immediately terminate upon expiration of the one (1) year period.
Section 400.2770 Revocation of Conditional Use Permit.
[R.O. 2011 §34-133.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
Upon finding violation of the terms of the conditional use permit, the Council 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.
Section 400.2780 Transferability.
[R.O. 2011 §34-133.5; Ord. No. 6139 §1(Exh. A (part)), 1997]
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 Zoning Administrator of the written acceptance of the terms and conditions of the conditional use permit by such successor.
Section 400.2790 Procedure To Amend A Conditional Use Permit.
[R.O. 2011 §34-133.6; Ord. No. 6139 §1(Exh. A (part)), 1997]
Section 400.2800 Resubmittal of Conditional Use Request.
[R.O. 2011 §34-133.7; Ord. No. 6401 §1(part), 2002]
In the event that a conditional use permit is denied, no request for the same use shall be accepted by the City for a period of one (1) year from the time the City Council denied the original request.