§ 290. Conditional Use Permit Procedure (CUP).

1.

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 Zoning Ordinance which are incorporated as part of this section by reference.

2.

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 Planning and Zoning Commission."

3.

Performance standards. All uses established by conditional use permit shall operate in accord with the appropriate performance standards contained in Section 210, "Zoning Performance Standard Regulations," of this Zoning Ordinance. 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.

4.

Height limitation for structures. 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.

5.

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.

6.

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 220, "Off-Street Parking and Loading Requirements," of this Zoning Ordinance. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by conditional use permit.

7.

Procedures. The granting of a conditional use permit may be initiated by a verified application of one 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 or the City Council. 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 Director of Public Works and filed in said Director's 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:

(a)

Filing fee per requirements of Section 350, "Fees," of this Zoning Ordinance.

(b)

Legal description of the property.

(c)

Outboundary plat of the property.

(d)

Preliminary development plan, including, but not limited to the following:

(i)

Proposed uses. Approximate location and designated uses of buildings and other structures as well as parking and open areas shall be indicated.

(ii)

Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floodplain areas shall be delineated.

(iii)

Approximate location of all isolated trees having a trunk diameter of six (6) inches or more, all tree masses and proposed landscaping.

(iv)

Two (2) cross-section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.

(v)

Proposed ingress and egress to the site, including adjacent streets.

(vi)

Preliminary plan for provision of sanitation and drainage facilities.

(2)

Public hearing. A public hearing on the application shall be held by the Planning and Zoning Commission in accordance with the provisions of Section 360, "Procedure for Amending the Zoning Ordinance," of this 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 sixty (60) days of verification by the Director of Public Works 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 and Zoning Commission or the City Council.

(3)

Approval or denial of application. Subsequent to public hearing, the Planning and Zoning Commission shall file a report with the City Council in which the Planning and Zoning 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 conditional uses 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. 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:

(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 as set forth in Chapter 17.5, "Signs," of this Code.

(g)

Minimum requirements for site development plans.

(h)

Time limitations for commencement of construction.

(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 thirty (30) days of the City Council'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.

(5)

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 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 and Zoning Commission or the City Council from initiating the procedure provided in this section by a resolution of intention at any time.

8.

Appeal, protest or City Council review of Planning and Zoning Commission decision:

(1)

Appeal by petitioner from decision of denial. The petitioner may file an appeal to the City Council of a Planning and Zoning Commission denial of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 330, "Appeal and Protest Procedure for Special Procedures," of this Zoning Ordinance.

(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 and Zoning Commission's approval of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 330, "Appeal and Protest Procedure for Special Procedures," of this Zoning Ordinance.

(3)

City Council review of Planning and Zoning Commission decision:

(a)

Within thirty (30) days after receipt of the Planning and Zoning Commission's report, the City Council, 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 an amendment thereto.

(b)

Upon adoption of the motion to exercise the power of review, the City Council shall refer the subject to the Planning and Zoning Commission. The Planning and Zoning Commission shall respond thereon to the City Council, disclosing in what respect the application and facts offered in support thereof met or failed to meet the criteria specified in this section.

(c)

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 and Zoning Commission or to the protesters 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 and Zoning Commission. An affirmative vote of two-thirds of the members of the whole City Council shall be required to reverse or modify any determination of the Planning and Zoning Commission.

9.

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 and Zoning Commission or Director of Public Works, 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 Director of Public Works.

10.

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 Director of Public Works for review. The Director of Public Works shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

(b)

The Director of Public Works shall then forward the request and its report to the Planning and Zoning Commission. The Planning and Zoning 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 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 proceedings specified in Section 360, "Procedure for Amending the Zoning Ordinance," of this 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 Director of Public Works for review. The Director of Public Works 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 Director of Public Works 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 Director of Public Works may approve said amended plan. The approved plan shall be retained on file by the Director of Public Works.

(c)

If the Director of Public Works 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 Director of Public Works shall so report to the applicant and the Planning and Zoning Commission. The Planning and Zoning Commission shall review the proposed site plan amendment and make a final determination. The Planning and Zoning Commission may, if deemed necessary, require a new public hearing on the matter in accord with proceedings specified in Section 360, "Procedure for Amending the Zoning Ordinance," of this Zoning Ordinance.

11.

Appeal to Commission of a decision by the Director of Public Works in reviewing development plans. The petitioner/developer may appeal to the Planning and Zoning Commission a decision by the Director of Public Works in cases where the Director of Public Works 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 Planning and Zoning Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Director of Public Works. The Planning and Zoning 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.

12.

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.

13.

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 and Zoning Commission, which may extend it for an unlimited period or for a specified additional period of years.

14.

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 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.

15.

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 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.