A. Delegation Of Power. The Planning and Zoning Commission is hereby authorized to decide whether special use permits shall be granted subject to the general and specific standards contained in these regulations; to grant special use permits with such conditions or restrictions as are appropriate to protect the public interest and to secure compliance with these regulations; and to deny requests which fail to satisfy the standards and requirements contained herein and which are not in harmony with the purposes and interest of these regulations and the health, safety, and welfare of the community. In no event shall a special use permit be granted where the proposed use is not authorized by the terms of these regulations, or where the standards of this Article are not found to exist.

B. Conditions And Guarantees. Prior to the granting of any special use permit, the Planning and Zoning Commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use permit as is deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein. In all cases in which a special use permit is granted, the Planning and Zoning Commission may require such evidence and guarantees as may be deemed necessary to ensure that the conditions stipulated are being, and will be, fully complied with.

C. Conceptual (Or Preliminary) Special Use Permit. No zoning compliance permit shall be issued for a land use change based on a conceptual (or preliminary) special use permit.

Procedures.

A. Application. A written application for a special use permit shall be filed with the Planning and Zoning Administrator and shall include a statement indicating the Section of the Chapter under which the permit is sought, the grounds upon which it is requested, and sufficient evidence to show that the use will conform to the standards set forth. See Forms and Documents.

B. Fees. Every application for a special use permit shall be subject to a filing fee as established by the Governing Body.
See Schedule of Fees.

C. Ownership List. The application for an amendment of zoning by special use permit shall be accompanied by an ownership list listing the legal description of the property to be zoned, certificate of ownership, and the name and address of the owners of any real property located within one thousand (1,000) feet of the boundaries of the property for which the zoning amendment is requested.

D. Site Plan. All applicants for a special use permit shall submit with their application the materials required by site plan review in these regulations, including the following:

1. A site plan.
2. Location map showing development and zoning designation, if any, of adjacent property within one thousand (1,000) feet.
3. The full legal description of the boundaries of said development area.
4. The description of the general character of all structures.
5. All other submittals required by site plan review in these regulations.
 

E. Hearing. Upon receipt of the formal application and all accompanying material, the Planning and Zoning Administrator shall call a public hearing for the next scheduled meeting of the Planning and Zoning Commission; provided, however, that notice must be published one time in a newspaper of general circulation at least fifteen (15) days prior to the date set for the hearing. The Planning and Zoning Commission shall act within thirty (30) days after the close of the public hearing.

1. In addition to the publication of the notice described above, such notice shall be given by certified mail by the Planning and Zoning Administrator to all owners of any real property within one thousand (1,000) feet of the proposed rezoning. If the record title owners of any lots included in such proposed change be nonresidents of the Village, then a written notice of such hearing shall be mailed by certified mail to them, addressed to their last known addresses at least ten (10) days prior to such hearing. Notice mailed to owners of real property who share ownership of a dwelling unit with another owner or owners in a condominium development, approved by the County under RSMo. Ch. 448, shall be given to the members of the Board of Managers of the condominium on file with County Recorder of Deeds.
2. The Planning and Zoning Commission shall also require notices be sent to other persons as it may from time to time provide by its rules.
 

F. Findings. In taking action, the Planning and Zoning Commission shall specify within thirty (30) days of the close of the public hearing the particular grounds relied upon when denying a proposed use, and when approving a proposed use, shall make affirmative findings that the proposed use conforms with the general standards set forth in this Article. In no case shall an exception be granted if the proposed use will constitute a nuisance or a public health or safety hazard to adjacent properties or to the community at large.

G. Zoning Compliance Permits. On final approval, the owner shall provide five (5) copies of the approved final site plan to the Administrator. The Planning and Zoning Administrator shall issue building permits only in accordance with the approved final site plan. See Zoning Compliance Permit Application.

H. Amendments. If any substantial variation or rearrangement of buildings, parking area and drives, entrances, heights or open space is requested by the applicant, the applicant shall proceed by following the same procedure previously followed and outlined in the site plan review procedures.

Standards for Issuance of Special Use Permits.

A. Before any permit shall be granted, the Planning and Zoning Commission shall make written findings certifying that adequate provision has been made for the following:

1. The location and size of the proposed use in relation to the site and to adjacent sites and uses of property, and the nature and intensity of operations proposed thereon.
2. Accessibility of the property to police, fire, refuse collection, and other municipal services; adequacy of ingress and egress to and within the site; traffic flow and control; and the adequacy of off-street parking and loading areas.
3. Utilities and services, including water, sewer, drainage, gas, and electricity, with particular reference to location, availability, capacity and compatibility.
4. The location, nature, and height of structures, walls, fences, and other improvements; their relation to adjacent property and uses; and the need for buffering or screening.
5. The adequacy of required yard and open space requirements and sign provisions.
6. The general compatibility with adjacent properties, other properties in the district, and the general safety, health, comfort and general welfare of the community; and with the standards for development in these regulations.

Approved Action.
If the Planning and Zoning Commission approves an application, it shall adopt an order to that effect. The Comprehensive Zoning Map, which has been adopted by reference, shall be changed to reflect such amendment, and the section of the zoning order incorporating the same shall reincorporate such map as amended.

Appeals.
Appeals of the actions of the Planning and Zoning Commission shall be made to the Board of Trustees. Further appeal may made to the Stone County Circuit Court. An appeal of an interpretation of the regulations shall be made to the Village Board of Zoning Adjustment.

Additional Conditions for Particular Special Uses, see Section 415.420: Additional Conditions for Particular Special Uses.

Time Limit.

A. Sunset. A special use permit shall expire, upon public hearing, unless a zoning compliance permit is taken with twelve (12) months to effectuate such specially permitted use; or if no zoning compliance permit is required, evidence of use is filed with the Planning and Zoning Administrator.
B. Abandonment. Once a specially permitted use ceases or is abandoned for a period of more than twelve (12) months, the special use permit shall expire upon public hearing.
C. Home Occupation. A special use permit for a home occupation shall not be transferable to a new owner of the real estate.