What is a Conditional Use Permit (CUP)?

Conditional uses are those types of uses that are considered to be desirable, necessary or convenient to the community, but which by their nature can create:

• The potential to create additional traffic volume
• Additional need for parking
• Detrimental impacts on adjacent or neighboring properties due to noise, pollutants and other nuances associated with that particular use

To ensure that detrimental impacts are mitigated, each request for a conditional use permit must be reviewed and approved by the Plan Commission and Board of Aldermen.

What types of projects require a Conditional Use Permit?

Conditional use permits are required for uses designated by the Zoning Ordinance to require review and consideration greater than other uses in the same district. Once a CUP is issued for a use at a specific site, changes to the operation may require updates to the CUP. An amendment is necessary for enlargement, alteration or extension of existing conditional uses. A CUP may be transferred to another entity provided that the use remains substantially the same. Examples are new ownership for an approved business, change of name of the business or change of hours. Under the above situations, a separate application and fee for a CUP transfer is required.

Are Conditional Use Permits applied uniformly in every area within the city limits?

No, the designated conditional uses vary in each zoning district, except for restaurants and educational uses which require CUPs in every district.

How do I apply for approval of a Conditional Use Permit?

An application should be submitted through the online permit portal. Along with the application, a letter describing the proposed use, hours of operation, management features or other applicable information, a floor plan and seating plan, and applicable architectural plans should be submitted. The application and materials must be submitted a minimum of 14 days in advance of the Plan Commission meeting in order for the application to be considered on the Plan Commission agenda. If the project is in association with new construction, the site plan review and architectural review procedures will also apply and may extend the review time.

When does the Plan Commission meet?

The Plan Commission generally meets on the first and third Monday of the month. In case of a city holiday, the meetings are moved to the following Wednesday. The application and supporting material must be submitted at least 14 days in advance of the next available Plan Commission meeting. If the project requires other city approvals, the time line for submittal may be greater than 14 days.

What happens at the Plan Commission meeting?

The Plan Commission will hear requests for a conditional use permit at a meeting which is open to the public and will weigh the positive impacts against possible nuisance factors.

How long will it take for the Plan Commission to make a decision?

The Plan Commission must render a recommendation on a conditional use permit application within 60 days from the date the Commission first considers the application, unless a request for a waiver is submitted by the applicant. After a positive recommendation by the Plan Commission, the application, plans (revised if required) and a written report are forwarded to the Board of Aldermen for approval.

What happens after the application is submitted to the Board of Aldermen?

Under a positive recommendation by the Plan Commission, the proposal is advertised for a public hearing at the Board of Aldermen at least 15 days prior to the meeting. After consideration of public input, the Board may attach conditions and limitations as deemed necessary or appropriate to minimize adverse effects upon other property or the city as a whole. A Conditional Use Permit is approved by resolution of a positive majority vote of Board members.

If my Conditional Use Permit application is approved, how do I obtain my permit?

The City Clerk mails the CUP to the applicant once approved by the Board of Aldermen. The applicant must notify the City Clerk in writing within 30 days that the conditional use permit is accepted and that the conditions set forth will be complied with.

The City of Clayton is a restaurant destination for residents, employees and visitors throughout the region. The City is currently home to approximately 60 restaurants with outdoor dining. The outdoor dining experience in Clayton allows diners to enjoy the City while adding activity and vibrancy to the City’s streets. Restaurants benefit from the expanded square footage and visibility, as does the City from increased tax dollars generated from the additional restaurant business.

Since the adoption of the Outdoor Dining Standards in 1992, staff has continually evaluated the standards in an effort to ensure safe, accessible and attractive streetscapes. Subsequent revisions to the standards were made in response to feedback from restaurant owners, diners, citizens, and City staff.

In 2015, the Board of Aldermen approved an amendment to the City’s Zoning Regulations to codify by ordinance the majority of the Outdoor Dining Standards. The purpose of the regulations is to permit outdoor dining on public and private property that is compatible with other uses of the sidewalk. The regulations simplify and consolidate requirements, allow more administrative flexibility, and protect and maintain accessible sidewalks. The regulations apply to all restaurants with outdoor dining on public or private property, and they closely mirror the Outdoor Dining Standards, with the following changes:

1. Outdoor dining is permitted year-long (previously allowed between March 1 and December 21, or on days in the off season that are 50 degrees or above).
2. The required Pedestrian Access Route (PAR) is based on federal accessibility standards once they are approved. In the meantime, the minimum PAR remains 3 feet.
3. Outdoor dining may be placed adjacent to the curb as long as it meets the setback requirements from right-of-way fixtures.
4. Outdoor dining is reviewed and approved administratively by staff rather than the Architectural Review Board. 

What is site plan review?

The purpose of the site plan review process is to maintain the high quality of Clayton’s residential neighborhoods and commercial districts and assure the compatibility of new development. Site plan review includes an interdepartmental review by City staff and approval by the City’s Plan Commission. Site plan review focuses on site development, layout, grading, and other similar work. The Plan Commission considers impervious coverage, stormwater runoff, parking, tree and landscape design, mechanical and utility locations, and other potential nuisances to adjacent property. The Site plan review is required for the following types of development:

1. Multi and single-family residential construction
2. Residential additions where the proposed addition is 50% or more of the total square footage of the principal structure
3. New commercial construction over 10,000 square feet
4. Accessory structures that exceed 25% of the total square footage of the existing principal structure
5. Three-car garages
6. Additional parking that could have an impact on the property
7. Conditional use permits, when associated with construction
8. Excessive grading
9. Any other type of development not listed above, at the discretion of the Director of Planning and Development

What do I submit for site plan review?

The deadline to apply for site plan review is noon every Friday. Submittals must include the components listed below. Incomplete submittals will not be accepted.

• Completed and signed Site Plan Review application. If the project requires architectural review as well (most projects do), the Architectural Review Board application and $135 fee must be submitted at the same time.
• A $1,035 submittal fee (includes a $285 application fee, $450 deposit for landscape review, and $300 deposit fee for Storm Water Prevention Pollution Plan (SWPPP)).
• 4 copies (6 copies for commercial/institutional projects) of complete and stapled plan sets folded print side out to approximate 8 ½ X 11. Plan sheets should be 24” x 36” in size.
• Plan sets must include the follow items:
  •  Current boundary survey
  • Proposed Site Plan (Civil and Architectural)
  • Stormwater Pollution Prevention Plan (SWPPP)
  • Landscape Plan &Tree Protection Plan (per Chapter 405, Article XXX)
  • Floor Plans
  • Context Elevation (if Architectural Review is required)
  • Architectural Elevations (if Architectural Review is required)
  • Colored Renderings (if Architectural Review is required)
  • Colored photos of the property and adjacent properties
• A completed City of Clayton Tree Chart (excel spreadsheet).
• A PDF copy of the complete plan set and all supplemental documents (CD or email)
• A brief narrative describing the proposed project.
• Subdivision Trustee approval (via letter or signatures on plans), if applicable.

How does the site plan review process work?

An interdepartmental staff review is conducted every Thursday for applications that are received by the previous Friday. Within seven days of the staff review meeting, an email is sent to the applicant outlining plan deficiencies. Review of the Landscape Plan, tree removal/replacement and SWPPP are conducted by a third party, and those comments are forwarded to the applicant at the same time. The applicant has 30 days from the date of the deficiency email to submit revised plans addressing the listed deficiencies and concerns.

What do I submit for the Plan Commission meeting?

The Plan Commission/Architectural Review Board meets the first and third Monday of every month. The application deadline is 3 p.m. on the Monday two weeks prior to the meeting. If the site plan is a component of a larger project requiring additional city approvals and/or a public hearing (such as rezoning or subdivision plat), the submittal deadline may be greater than 14 days.

Revised plans submitted for the Plan Commission meeting will not be accepted unless they contain the following:

• A letter stating how each of the City’s comments are addressed.
• 1 full-size plan set with amendments clouded and note referenced, and 10 half-size plan sets (without clouded amendments)
• Amended applications (if applicable)
• A PDF copy of revised plans (CD or email)

Plans submitted in response to staff’s comments may result in new or additional comments, and plans will only be put on the agenda when staff feels the plan is complete and satisfactory.

What happens at the Plan Commission Meeting?

Typically, each project will have two agenda items on the meeting agenda: site plan and architectural review. The applicant will receive a copy of the agenda and the staff report prior to the meeting date. Additionally, all adjacent property owners within 200 feet of the subject property will be mailed a copy of the agenda.

At the meeting, planning staff will read the site plan staff report, including its recommendation to approve, approve with conditions, or deny. The applicant will address the Plan Commission to discuss the site plan issues and to answer any questions of the Commission and the audience members. A vote will be taken to approve, continue or deny the proposal. Architectural review (if required) will immediately follow and has the same process.

What happens after the site plan is approved?

You will receive an email from the Planning Department within a week of the meeting stating that the project was approved, approved with conditions, tabled, or denied. The applicant must submit plans to the Building Official for a building permit to allow the construction to commence. The building permit plans must reflect all changes as approved by the Plan Commission. Application for building permits must be made within one year from the date of Plan Commission approval.