Wildwood City Zoning Code
SECTION 415
500 Conditional Use Permit Procedure.
[R.O. 1997 § 415.500; Ord. No. 1324 App. A § 1003.181, 8-14-2006]
A.
Scope Of Provisions. This Section contains the regulations of the conditional use permit procedure. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.
B.
Statement Of Intent. 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 land use and development permits issued by the Commission.
C.
Performance Standards. All uses established by conditional use permit shall operate in accord with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations. These performance standards are minimum requirements and may be made more restrictive in the conditions governing the particular development or use authorized by conditional use permit.
D.
Height Limitation For Structures. Unless otherwise restricted by application of regulations in Section 415.240, Air Navigation Space Regulations, the total height of any structure shall be limited by the conditions governing the particular development or use authorized by conditional use permit. However, the total height of any structure authorized by conditional use permit shall not exceed the least restrictive regulations of the particular zoning district in which the conditional development or use is located.
E.
Lot Area, Lot Dimension, Development Limitation And Yard Requirements. 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.
F.
Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements, including required setbacks for parking areas, loading spaces and internal drives for any development or use authorized by conditional use permit, shall not be reduced below the minimum requirements as set forth in Section 415.280, Off-Street Parking and Loading Requirements — General. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by conditional use permit.
G.
Sign Regulations. Specific sign regulations shall be established in the conditions governing the particular development or use authorized by conditional use permit in accord with the provisions of Section 415.400, Sign Regulations — General. However, in no instance shall they be less restrictive than the sign regulations of the particular zoning district in which the conditional development or use is located.
H.
Procedures. The granting of a conditional use permit may be initiated by a verified application by all owners of record or owners under contract of a lot or tract of land or by a resolution of intention by the Planning Commission or the City Council. If initiated by contract owners, a complete copy of the contract creating the interest shall be attached to the petition. Procedures for application, review and approval of a conditional use permit shall be as follows:
1.
Application. Application for a conditional use permit for a specific tract of land shall be addressed to the City of Wildwood Planning Commission and filed in its public office. The application shall be filed on forms prescribed for that purpose by the Planning Commission and be accompanied by the following:
b.
Legal description of the property.
c.
Outboundary plat of the property.
d.
Preliminary development plan including, but not limited to, the following:
(1)
Proposed Uses. Approximate location and designated uses of buildings and other structures as well as parking and open areas shall be indicated.
(2)
Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.
(3)
Approximate location of all isolated trees having a trunk diameter of six (6) inches or more one (1) foot above grade, all tree masses and proposed landscaping.
(4)
Two (2) cross section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.
(5)
Proposed ingress and egress to the site, including adjacent streets.
(6)
Preliminary plan for provision of sanitation and drainage facilities.
(7)
Other information, as determined necessary by the Department of Planning, which can include geotechnical reports, traffic studies, Phase I and Phase II environmental assessments, floodplain studies, archeological assessments and similar documents necessary for determinations relating to the public's health, safety and welfare.
2.
Public Hearing. A public hearing on the application shall be held by the Planning Commission in accordance with the provisions of Section 415.560, Procedure for Amending the Zoning Ordinance, 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 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 intention by the Planning Commission or the City Council.
3.
Approval Or Denial Of Application. Subsequent to public hearing, the Planning Commission shall file a report with the City Council in which the Commission shall grant or deny each application for a conditional use permit and state the reasons therefor. The Planning Commission may permit those developments and uses only where such developments and uses are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and 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 Wildwood. The petitioner shall have the burden of establishing that the requested use satisfies these standards and further there is a public necessity for such use. In approving such conditional uses, the Planning Commission shall impose such conditions as it determines necessary. Said conditions shall include, but not be limited to, the following:
a.
Permitted uses, including maximum floor area.
b.
Performance standards.
c.
Height limitations.
d.
Minimum yard requirements.
e.
Off-street parking and loading requirements.
f.
Sign regulations.
g.
Minimum requirements for site development plans.
h.
Time limitations for commencement of construction.
i.
Land, easement or right-of-way dedications.
j.
Payment of traffic generation assessment or other impact fees as may be established.
4.
Permit Effective, When. Unless the City Council exercises its power of review or a duly filed protest is received by the City Clerk, a conditional use permit or an amendment thereto shall become effective after fifteen (15) days of the City Council's receipt of the Planning 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.
5.
Effect Of Denial. Upon denial by the Planning Commission of an application for a conditional use permit, the Commission shall notify the applicant of the denial. If no appeal is filed from the denial and if the City Council 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 Commission or the City Council from initiating the procedure provided in this Section by a resolution of intention at any time.
I.
Appeal, Protest Or City Council Review Of Planning Commission Decision.
1.
Appeal By Petitioner From Decision Of Denial. The petitioner may file an appeal to the City Council of a Planning Commission denial of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 415.530, Appeal and Protest Procedure for Change of Zoning and Special Procedures.
2.
Protest By Specified Nearby Property Owners To Decision Of Approval. Specified nearby property owners may file a protest with the City Council against the Planning Commission's approval of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 415.530, Appeal and Protest Procedure for Change of Zoning and Special Procedures.
3.
City Council Review Of Planning Commission Decision.
[Ord. No. 2399, 10-8-2018]
a.
Within fifteen (15) days after receipt of the Planning Commission's report, the City Council, upon motion adopted by majority vote, may exercise the power of review of any Planning Commission decision on an application for a conditional use permit or an amendment thereto.
b.
Upon adoption of the motion to exercise the power of review and before acting on the conditional use permit, the City Council shall set the matter for hearing. The City Council shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in opposition to the application at the public hearing before the Planning Commission or to the protestants in the case of a protest. The applicant shall be heard at the hearing. In addition, any other person or persons who, in the discretion of the City Council, will be aggrieved by any decision or action with respect to the conditional use permit may also be heard at the hearing.
4.
City Council Decision. Following the hearing by the City Council on an application, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. An affirmative vote of two-thirds (2/3) of the members of the whole City Council shall be required to approve a protested conditional use permit or to overrule the disapproval of the Planning Commission. In all other instances, a majority vote of the whole City Council shall be required to approve, deny or modify the determination of the Planning Commission.
[Ord. No. 2399, 10-8-2018]
5.
Notwithstanding the provision of Section 415.530 of this Code to the contrary, procedures for hearings on appeal or protest of Planning and Zoning Commission decisions pertaining to Conditional Use Permits pursuant to Section 415.530(C) or the City Council voting to exercise its power of review pursuant to Section 415.500(I)(3) for conditional use permits, shall be as follows:
[Ord. No. 2399, 10-8-2018]
a.
Notice. After the filing of an appeal or protest pursuant to Section 415.530(C) or the City Council voting to exercise its power of review pursuant to Section 415.500(I)(3), the Department of Planning shall promptly, and at least ten (10) days before the hearing, mail a notice of institution of the case to all necessary parties, if any, and to all persons designated in writing by the petitioner, protestor or intervenor, the applicant for the Conditional Use Permit, and to any other persons to whom the Department of Planning may determine that notice should be given.
(1)
The notice of institution of the case to be mailed, as provided in this Section, shall state in substance:
(a)
The caption and number of the case;
(b)
That an appeal or protest has been filed in such case, the date it was filed, and the name of the party filing the same;
(c)
A brief statement of the matter involved in the case, unless a copy of the appeal or protest accompanies said notice;
(d)
That a copy of the appeal or protest may be obtained from the City Clerk, giving the address to which application for such a copy may be made. This may be omitted, if a copy of such appeal or protest accompanies the notice;
b.
Intervening. Any owner of either of the areas of the property (exclusive of streets and alleys) described in the petition for a Conditional Use Permit subject to appeal, protest, or review by the City Council or within an area determined by lines drawn parallel to and one hundred and eighty-five (185) feet distant from the boundaries of such property, may, no later than five (5) business days prior to the hearing, file in the office of the Department of Planning, a written petition to intervene as a party in the proceedings on any appeal, protest, or City Council review pursuant to this Section. The petition shall be either hand delivered or delivered by mail and must be received during the regular business hours of the City. The Department shall cause notice of the filing of a petition for intervention by mail or electronic mail, or other such written communication approved by the Director of the Department of Planning, to all parties to the action. Any such petition to intervene as a party shall include the following:
(1)
The name, home address, telephone number, and electronic mail address of the person(s) filing the petition;
(2)
A statement that the person(s) filing the petition has standing to intervene;
(3)
The address of the property owned by the intervening petitioner and the linear distance, measured in feet, of such property from the boundaries of the property described in the petition for a Conditional Use Permit subject to appeal, protest, or review by the City Council; and
(4)
A brief statement describing the intervening petitioner's interest relating to the property that is subject to the appeal, protest, or review by the City Council.
c.
Hearing Requirements. Unless the requirements for a hearing herein are expressly or implicitly waived by the parties, each hearing shall adhere to the formal evidentiary rules of Chapter 536, RSMo., as amended, including, but not limited to, the following:
(1)
Oral evidence shall be taken only on oath or affirmation. Any person may provide oral testimony to the City Council during a hearing. Unless extended by the City Council after receipt of a written request for an extended time received by the City Council at least five (5) days prior to the hearing and setting forth the reasons for the request for such an extension, the parties shall each be limited to fifteen (15) minutes of oral evidence before the City Council. All other persons providing oral testimony before the City Council at a hearing shall be limited to such time as the City Council may deem appropriate, prior to the commencement of the hearing, but not to exceed five (5) minutes.
(2)
Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues, even though that matter was not the subject of the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. Any person providing oral testimony shall be subject to cross-examination;
(3)
A party who does not testify in his or her own behalf may be called and examined, as if under cross-examination;
(4)
The City Council shall cause all proceedings in hearings before it to be suitably recorded and preserved. A copy of the transcript of such a proceeding shall be made available to any interested person upon the payment of a fee, which shall in no case exceed the reasonable cost of preparation and supply;
(5)
Records and documents of the City, which are to be considered in the case, shall be offered in evidence, so as to become a part of the record, the same as any other evidence, but the records and documents may be considered as a part of the record by reference thereto, when so offered;
(6)
The City Council shall take official notice of all matters of which the courts take judicial notice;
(7)
Evidence to which an objection is sustained shall, at the request of the party seeking to introduce the same, or at the instance of the City Council, nevertheless be heard and preserved into the record, together with any cross-examination with respect thereto and any rebuttal thereof, unless it is wholly irrelevant, repetitious, privileged, or unduly long;
(8)
Any evidence received without objection, which has probative value shall be considered by the City Council, along with the other evidence presented. The rules of privilege shall be effective to the same extent that they are now or may hereafter be in civil actions. Irrelevant and unduly repetitious evidence shall be excluded;
(9)
Copies of writings, documents, and records shall be admissible, without proof that the originals thereof cannot be produced, if it shall appear by testimony or otherwise the copy offered is a true copy of the original, but, the City Council may, nevertheless, if it believes the interests of justice, so require, sustain any objection to such evidence, which would be sustained were the proffered evidence offered in a civil action in the circuit court, but, if it does sustain such an objection, it shall give the party offering such evidence reasonable opportunity and, if necessary, opportunity at a later date, to establish by evidence the facts sought to be proved by the evidence to which such objection is sustained;
(10)
Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of an act, transaction, occurrence, or event, shall be admissible as evidence of the act, transaction, occurrence , or event, if it shall appear that it was made in the regular course of any business, and that it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence, or event or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect the weight of such evidence, but such showing shall not affect its admissibility. The term "business" shall include business, profession, occupation, and calling of every kind;
(11)
The results of statistical examinations or studies, or of audits, compilations of figures, or surveys, involving interviews with many persons, or examination of many records, or of long or complicated accounts, or of a large number of figures, or involving the ascertainment of many related facts, shall be admissible as evidence of such results, if it shall appear that such examination, study, audit, compilation of figures, or survey was made by or under the supervision of a witness, who is present at the hearing, who testifies to the accuracy of such results, and who is subject to cross-examination, and if it shall further appear by evidence adduced that the witness making or under whose supervision such examination, study, audit, compilation of figures, or survey was made was basically qualified to make it. All the circumstances relating to the making of such an examination, study, audit, compilation of figures, or survey, including the nature and extent of the qualifications of the maker, may be shown to affect the weight of such evidence but such showing shall not affect its admissibility;
(12)
Each party shall be entitled to present written briefs at or after the hearing, which shall be read by members of the City Council, who shall render or join in rendering the final decision;
(13)
Each Council Member, who renders or joins in rendering a final decision, shall, prior to such final decision, either hear all the evidence, read the full record, including all the evidence, or personally consider the portions of the record cited or referred to in the arguments or briefs.
d.
Decisions In Writing. Every decision by the City Council pursuant to this Section shall be in writing and shall include, or be accompanied by, findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the City Council bases its decision. Immediately upon rendering a decision, the Department of Planning shall give written notice of its decision by delivering or mailing such notice to each party, or his/her attorney of record, and shall upon request furnish him/her with a copy of the decision, order, and findings of fact and conclusions of law.
J.
Site Development Plans. Subsequent to the effective date of the conditional use permit, a site development plan shall be submitted for review and approval to the Planning Commission or the Department of Planning 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. The approved plan shall be retained on file by the Department of Planning.
K.
Procedure To Amend The Conditions Of Conditional Use Permit Or Site Development Plan. 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 Department of Planning for review. The Department shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
b.
The Department shall then forward the request and its report to the Planning Commission. The Planning Commission shall review the proposed condition amendments and file a report with the City Council in which the Commission shall grant, deny or modify the requested condition amendments. If the Planning 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 proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.
2.
To amend the site development plan:
a.
The property owner or authorized representative shall submit an amended site development plan to the Department of Planning for review. The Department 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 Department of Planning 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 Department may approve said amended plan. The approved plan shall be retained on file by the Department of Planning.
c.
If the Department of Planning determines that the proposed amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing or with the preliminary development plan, the Department shall so report to the applicant and the Planning Commission. The Planning Commission shall review the proposed site plan amendment and make a final determination. The Planning Commission may, if deemed necessary, require a new public hearing on the matter in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.
L.
Appeal To Commission Of A Decision By The Department In Reviewing Development Plans. The petitioner/developer may appeal to the Planning Commission a decision by the Department of Planning in cases where the Department of Planning is authorized to review development plans. The petitioner shall have a fifteen (15) day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission shall make the final determination of the matter. No exceptions may be granted that are in violation of the particular permit governing the development plan.
M.
Recording. Prior to the issuance of any building permit or permit authorizing the use of the property in question, 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 St. Louis County Recorder of Deeds with a copy to be filed with the City of Wildwood.
N.
Time Limit Of Conditional Use Permits. Conditional use permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit. Upon the 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 Commission which may extend it for an unlimited period or for a specified additional period of years.
O.
Failure To Commence Construction. 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 and approval by the Planning 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.
P.
Development Of Conditional Uses And Permitted Land Uses On Same Tract Of Land. Nothing shall prevent the establishment of land uses or developments authorized by conditional use permit on the same tract of land with one (1) or more permitted land uses and developments specified in the regulations of the governing zoning district. However, the development or use authorized by conditional use permit shall abide by the conditions of the permit and the permitted land use and development shall adhere to the regulations of the governing zoning district. A permitted land use or development existing at the time of submittal of a site development plan for a development or use authorized by conditional use permit shall be shown on the plan. No permitted use or development shall at any time cause the violation of any condition imposed by a conditional use permit.