Conditional Use Permits

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Overview 

Conditional uses are land uses which are considered by the city to be desirable or convenient to the community, but which by their nature or operation have the tendency or potential to generate excessive traffic, attract a large number of persons, create noise or other pollutants, impact public safety and/or detrimentally impact the value or potential development of other properties in the neighborhood. A Conditional Use Permit establishes specific design standards and restrictions on the operation of the use to mitigate these potential adverse effects and provides a regulatory mechanism to ensure compliance with the established design standards and conditions.

Process

For an illustration of the process see the Conditional Use Permit Process Flowchart.  You can explore the steps below to learn more about the Conditional Use Permit process:

1. Pre-Application Conference

The first step in the process is a pre-application conference with the City Planner. The purpose of a pre-application conference is to provide an opportunity for an informal evaluation of the applicant’s proposal and to familiarize the applicant with the applicable provisions of the Zoning Code, the Comprehensive Plan, infrastructure requirements, and any other issues that may affect the project.

To schedule a pre-application conference, contact Connie Maness at (314) 738-2230 or via email.

2. Application Submittal

Subsequent to the pre-application conference, the applicant submits the required items (see the Submittal Requirements). Within 7 days, the applicant will be notified whether or not the submittal is complete for hearing. If the submittal is incomplete, the applicant has thirty days to re-submit or notify the City Planner of a pending re-submittal. Once the application has been deemed complete, a public hearing will be scheduled.

3. Public Notification

 In order to schedule a public hearing, proper public notification is required.

The City produces a public notice which includes the date, time, and location of the public hearing, a location map identifying the site, the name and address of the applicant or their representative, and a description of the requested zoning procedure, which shall be used for notification and publication. The City publishes the notice of public hearing in the newspaper not less than 15 days and not more than 30 days prior to the hearing and obtains proof of such publication. The City also posts a sign on the site and mails a notice to property owners within 300 feet of the site.

4. Public Hearing

The applicant is required to present the case before the Planning Commission at the hearing, which should include presentation of any supporting materials, an explanation of the development proposal, and justification of the request. In presenting the application, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the burden of proof criteria.

The public hearing can be broken down into several components: First, the City Planner will introduce the application providing an overview of the project location, rezoning request and the planning issues to be addressed at the public hearing. Second, the applicant and/or his consultants will present the proposal for their case. Third, if a traffic analysis was required, the applicant's and/or city's traffic consultant will present their preliminary findings to the Planning Commission.

Upon completion of the presentation, the Commission Chair will open the hearing for both comments and questions from the public as well as the Planning Commission. See Applicant Presentations for additional guidance on making a presentation to the Planning Commission.

5. City Planner Review & Findings

Upon closure of the public hearing, the application is referred back to the City Planner to prepare findings on the requested Conditional Use Permit. These findings must be submitted to the Planning Commission within 30 days of hearing closure. The City Planner’s report typically includes a description and summary of the existing site conditions, adjacent uses and zoning, determination of consistency with the Comprehensive Plan, neighborhood character analysis, review of site design issues, and findings on the Burden of Proof criteria. If the City Planner makes a positive finding, the report will include a draft ordinance for the Planning Commission’s consideration.

6. Planning Commission & City Council Action

Within 60 days of receipt of the City Planner’s report, the Planning Commission will take action on the Conditional Use Permit. The Planning Commission may recommend approval of the Conditional Use Permit as submitted, may recommend the Conditional Use Permit with amendments or may deny the Conditional Use Permit. In recommending approval of development conditions, the Planning Commission shall impose such conditions it determines necessary. If the Planning Commission denies the Conditional Use Permit, the applicant has the option of appealing to the City Council within 10 days of the Commission’s decision. 

If the Planning Commission recommends the Conditional Use Permit, the City Council will take action on the Conditional Use Permit within 60 days of receipt of the Commission's recommendation. The recommendation of the Planning Commission shall be placed on the next available Council agenda, unless the applicant requests the matter to be deferred to another agenda. The City Council may approve the Conditional Use Permit by a majority vote, approve the Conditional Use Permit with amendments by a two-third majority vote or deny the request.

7. Final Site Plan

The final step in the Conditional Use Permit process is the Final Site Plan. This plan depicts the development of the site in accordance with the conditions established in the approved Conditional Use Permit ordinance. Generally, the requirements for this plan are contained within the ordinance. In addition, this script must be included on the Plan.  The Final Site Plan is approved by the City Planner and maintained on file in the Department of Community Development.

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