§ 4. Review procedure.

The application and accompanying materials shall be reviewed for compliance with the provisions of this article and the zoning ordinance of the city. If the petition is properly submitted and in compliance, the city planner shall so certify in writing to the zoning commission, the board of aldermen and the petitioner within 30 days of submission. The petition shall then be placed on the agenda of the zoning commission.

(1)

If the petition is found not to be properly submitted, or not in compliance with the minimum provisions of this article, the city planner shall notify the petitioner within 30 days of the date of submission and shall provide a listing of the deficiencies of the petition.

(2)

If the city planner fails to certify to the zoning commission that the petition has been properly submitted, or fails to notify the petitioner that the petition is not properly submitted within the specified 30-day period, the petition shall be deemed to have been properly submitted and shall be placed upon the next available agenda of the zoning commission for consideration.

(3)

The zoning commission shall consider the petition for special use exception within 60 days of certification from the city planner that all required petitioning documents and necessary information have been submitted. In default of conducting such consideration within the time provided, the zoning commission shall be deemed to have found all factors of the application satisfactory.

(4)

The zoning commission shall review the submitted documents and information, and shall report in writing to the board of aldermen as to the effect of such special use on traffic hazards and congestion, the character of the neighborhood, the general welfare of the community, the capacity of public utilities, the impact on public safety and health, consistency with good planning practice and the issues set forth in this article.

(5)

A special use exception shall only be granted by ordinance approved by a majority of the members of the board of aldermen.

(6)

Upon receipt of the report of the city planning and zoning commission, the board of aldermen may hold a public hearing in relation to the matter, shall give notice of the time and place by causing a notice thereof to be published at least one time in a newspaper printed, published or of general circulation in the City of Ballwin. The publication of said notice shall be at least 15 days prior to the day of the hearing.

(7)

After such hearing, the board of aldermen shall determine whether such exception:

a.

Will substantially increase traffic hazards or congestion.

b.

Will adversely affect the character of the neighborhood.

c.

Will adversely affect the general welfare of the community.

d.

Will overtax public utilities.

e.

Will adversely affect public safety and health.

f.

Is consistent with good planning practice.

g.

Can be operated in a manner that is not detrimental to the permitted developments and uses in the district.

h.

Can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.

(8)

If the findings of the board of aldermen be negative as to all subjects referred to in [subsection (4)] (1) through (5) above, and be affirmative as to all subjects referred to in (6) through (8) above, and all applicable matters in section 2 have been adequately provided for, then the application shall be granted. If the findings of the board of aldermen be affirmative as to any of the subjects referred to in (1) through (5) above, or be negative as to any of the subjects referred to in (6) through (8) above, or if any of the applicable matters set forth in section 2 are not adequately provided for, then the application shall be denied.

(9)

Any applicant who shall accept and begin its use pursuant to a special use exception granted pursuant to this ordinance shall be deemed to have accepted all of the conditions made a part thereof, and in the event that said applicant shall then or in the future fail to comply with any of the conditions made a part of the special use exception, the board of aldermen, after hearing and upon notice having been given, may revoke such special use exception.

(10)

In the event that a special use exception grantee fails to produce proof of ownership, a valid lease or other long term legal interest in the property associated with the special use exception within 90 days of its effective date, said petitioner shall be deemed to have abandoned the special use exception and it shall terminate.

(11)

In the event that a special use exception grantee fails to proceed with the allowed use or construction and/or development, within a period of one year following the effective date of said special use exception, and no extension of time is granted by the board of aldermen, said grantee shall be deemed to have abandoned the special use exception and it shall terminate.

In the event building permits are issued during the one year period following the effective date of the special use exception, but no significant construction activities and/or progress toward completion of the project and commencement of the special use begins on the site within six months of the issuance of the building permit, and no extension of time is granted by action of the board of aldermen, the grantee shall be deemed to have abandoned the special use exception and it shall terminate upon the expiration of the six-month period following the issuance of the building permit.

Unless expressly authorized at the time of the granting of the special use exception, or upon the granting of a time extension by the board of aldermen, all construction and site developments associated with a special use exception must be completed within 18 months of the effective date of the special use exception, or it shall be deemed abandoned and shall thereupon terminate.

(12)

A special use exception grantee shall accept the provisions of the special use exception in writing within 30 days of the date of its passage by the board of aldermen or it shall be deemed abandoned and shall terminate.

(Ord. No. 08-26, § 1, 7-28-08)