Hermann ordinance outlines reasons for revoking CUPs

By Buck Collier, Special Correspondent
Posted 3/13/24

HERMANN — Hermann city officials have outlined the various reasons a Conditional Use Permit (CUP) can be revoked, a move coming just weeks after the Board of Aldermen approved a one-year …

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Hermann ordinance outlines reasons for revoking CUPs

Posted

HERMANN — Hermann city officials have outlined the various reasons a Conditional Use Permit (CUP) can be revoked, a move coming just weeks after the Board of Aldermen approved a one-year moratorium on the establishment of new guesthouses.

At its Feb. 26 session, the aldermen gave final approval to the bill clarifying the revocation of a CUP:

• Not putting to use a CUP within one year of the date of approval.

• The suspension or revocation of any CUP shall be in addition to any other penalty or penalties that could be applied to the permit recipient.

• Any CUP approved may be suspended or revoked for good cause for any number of reasons, such as the violation of any provision or regulations applicable to the permit holder; any violations of the terms, conditions, safeguards or restrictions on the permit holder; violation of any other federal, state or local law or regulation pertaining to the permit holder or the activities associated with the particular business, establishment or land use; failure of the permit holder to pay any tax, fee, fine or other government charge required by law;

• Any misrepresentation or false statement in the application for the CUP; causing, maintaining or assisting in the cause or maintenance of a nuisance,whether public or private; failure to obtain other necessary government permits associated with such land use, business or activity.

If there is reason to believe a CUP might be subject to revocation, a procedure was put in place to accommodate appeals by the permit holder. The Board of Aldermen will schedule a hearing with written notice mailed to the permit holder advising the holder of a hearing to consider the reasons offered for permit revocation or suspension.

While the hearing is pending, the permit holder will be allowed to continue the operation of the business or land use; provided, however, that the pendency of the hearing will not preclude prosecution for violation of city ordinances that might occur during the period.

After a hearing, a permit holder will be notified in writing of the Board of Aldermen’s decision. Any person aggrieved by the determination made at a hearing may appeal the decision. However, the filing of an appeal will not stay the outcome of the administrative determination unless the board suspends the effect of the decision upon request by the permit holder.

If still feeling aggrieved after appealing to the board, the permit holder can seek judicial review by filing a petition with the Gasconade County Associate Circuit Court within 15 days of the hearing decision rendered by the Board of Aldermen.

The ordinance was adopted unanimously at the board’s second regular session of February.

Meanwhile, the board also has approved an exception to the guesthouse moratorium. Under this law, a successor owner to an original permit holder will be allowed to apply for his or her own CUP to operate the business. Acting on a recommendation from the city’s Planning & Zoning Commission, aldermen agreed to require a successor owner to apply for a CUP within six months of acquiring interest in the property.