[R.O. 2013 § 430.010; Ord. No. KK354 § XXIX, 3-14-1988]
Conditional uses are uses that are dissimilar to the normal use permitted within a given zoning district and where the product, process, mode of operation or nature of the business will not prove detrimental to the health, safety and welfare of the area and the surrounding environs. Conditional uses may be permitted in accordance to this Chapter.
[R.O. 2013 § 430.020; Ord. No. KK354 § XXIX, 3-14-1988]
A. 
A conditional use permit shall not be granted unless specific written findings of fact directly based upon the particular evidence presented support the following conclusions:
1. 
The proposed conditional use complies with all applicable provisions of this Chapter, including intensity of use, yard requirements and use limitations.
2. 
The proposed conditional uses will contribute to and promote the welfare and convenience of the public and will not be detrimental thereto.
3. 
That improvements and safeguards will be provided to ensure that the proposed conditional use will not be detrimental to the value of adjacent property and to the City of Lawson.
4. 
The conditional use will not dominate the immediate area so as to hinder or prevent development and use of adjacent property. In determining whether the conditional use will so dominate the immediate area, consideration shall be given to:
a. 
The location, nature and height of buildings, structures, walls, and fences on the site, and
b. 
The nature and extent of landscaping and screening on the site.
c. 
Other factors as determined necessary by the Planning and Zoning Commission.
5. 
Off-street parking and loading areas will be provided in accordance with said requirements of this Chapter.
6. 
Adequate utility, drainage, and other necessary facilities have been or will be provided.
7. 
Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.
[R.O. 2013 § 430.030; Ord. No. KK354 § XXIX, 3-14-1988]
In granting a conditional use, the City may impose conditions and safeguard requirements they deem necessary to minimize potentially injurious effects to adjacent property and to the City. Said requirements may include but are not limited to screening, sound buffers, private streets, private utilities, security measures and other similar requirements.
[R.O. 2013 § 430.040; Ord. No. KK354 § XXIX, 3-14-1988; Ord. No. KK418 § 13, 5-14-1990]
A. 
The procedure and requirements for obtaining a conditional use permit includes but is not limited to the following:
1. 
Complete a conditional use permit form provided by the Planning and Zoning Commission.
2. 
Provide a recent survey certificate of the area subject to the permit request. Said survey shall be completed by a land surveyor registered in the State of Missouri. The area of land surveyed shall be staked and flagged in the field.
3. 
Provide a plot plan, where applicable, of the subject area. Said plot plan shall include all existing features and proposed improvements.
4. 
Provide a certified list, including addresses and telephone numbers, of all property owners within one hundred eighty-five (185) feet of the boundary of the subject property.
5. 
Provide proof that the applicant is the owner of the subject land or that it will be purchased or leased if the conditional use permit is granted. If the land is to be leased the owner shall provide proof that he/she agrees with the request.
6. 
Additional data that may be requested by the Planning and Zoning Commission to assist them in evaluating the request.
7. 
The fee as set forth in Article XVI of this Chapter.
8. 
Be present or have a duly authorized and knowledgeable representative present at all public hearings and meetings relative to the application.
9. 
Submit all required documents and fees to the Planning and Zoning Commission prior to the date of a public hearing for the request.
[R.O. 2013 § 430.050; Ord. No. KK354 § XXIX, 3-14-1988]
A. 
Upon receipt of an application for a conditional use permit, the Planning and Zoning Commission shall proceed as set forth hereinbelow:
1. 
Review the application submitted.
2. 
Advise the applicant if additional or revised submittal data is required.
3. 
Have preliminary discussion of the application at their next regular meeting following a complete submittal.
4. 
Place a notice or a public hearing on the application in the official City newspaper and post same in at least three (3) locations within the City. Said notice shall be placed at least fifteen (15) days prior to the public hearing and shall include the information listed below:
a. 
Date, time and place of the hearing.
b. 
The metes and bounds description of the property.
c. 
The zoning classification of the property.
d. 
The intended use of the property.
e. 
The fact that the intended use is a non-conforming use.
f. 
Advise all interested citizens that they have the right to appear at the public hearing and speak for or against the proposed use. In lieu of appearing at the meeting, written comments may be submitted. Said comments shall be in the hands of the Planning and Zoning Commission at least three (3) days prior to the public hearing and shall provide the name, address and phone number of the writer and shall be duly notarized.
5. 
Mail copy of the public hearing notice to all property owners within one hundred eighty-five (185) feet of the subject property. Said notice shall be mailed with a return receipt requested at least fifteen (15) days prior to the public hearing.
6. 
Conduct and record a public hearing pertaining to the application.
7. 
Prepare and recommendation to submit to the Board of Aldermen. Said recommendation may be for approval, disapproval, approval in part or approval with conditions. The reason for the action and conditions taken shall be included with the recommendations.
8. 
The vote on the request may be made at a duly called regular or special meeting immediately following the public hearing or it may be tabled for further study. If the vote is tabled for further study it shall be voted on at the next regular meeting or at a duly called special meeting prior to the next regular meeting.
[R.O. 2013 § 430.060; Ord. No. KK354 § XXIX, 3-14-1988]
The Board of Aldermen shall discuss the recommendations of the Planning and Zoning Commission at its first regular meeting or at a duly called special meeting after receiving the Planning and Zoning Commission's recommendations. If the application becomes a controversial issue, the Board may table the application. If the application is tabled, it shall be voted on at the following regular meeting or at a duly called special meeting. The Board's vote shall be for approval, disapproval, approval in part or approval with conditions.
In the event a motion is not duly made and seconded, the application will be considered disapproved.
[R.O. 2013 § 430.070; Ord. No. KK354 § XXIX, 3-14-1988]
In the event the application is not acted on and disposed of as hereinbefore set forth, within one hundred twenty (120) days after full submittal and compliance of all the items listed, including additional items requested by the City, in Section 400.510 of this Chapter, the application will be considered approved as requested.
[R.O. 2013 § 430.080; Ord. No. KK354 § XXIX, 3-14-1988]
A. 
Existing uses within a specific district that become non-conforming uses upon the passage of this Chapter shall be treated as follows:
1. 
Permitted Conditional Uses. Uses that are legally existing as of March 14, 1988, and are permitted as conditional uses by this Chapter, shall be deemed conforming uses. Conditional use permits will be issued by the Planning and Zoning Commission without further action.
2. 
Previous Conditional Uses. Uses that are legally existing as of March 14, 1988, have been issued conditional use permits in accordance to previous zoning ordinances, shall be deemed conforming uses. Conditional use permits will be issued by the Planning and Zoning Commission, in accordance to this Chapter, without further action.
3. 
Non-Permitted And Non-Conditionally Permitted Uses. Uses that are legally existing as of March 14, 1988, and are not permitted uses or conditionally permitted uses by this Chapter, shall be reviewed by the planning and Zoning Commission. Said review shall be made to determine the need for further review.
[R.O. 2013 § 430.090; Ord. No. KK498 § 1, 5-17-1993]
A. 
Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those commercial and industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any commercial or industrial area.
B. 
These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property. Adult entertainment uses are recognized as having serious objectionable operational characteristics, particularly if several such uses are concentrated, thereby having a deleterious affect upon adjacent areas and could contribute to blight and degradation of the surrounding neighborhood. The special regulation of adult entertainment establishments is necessary to ensure that the adverse affect of such uses will not contribute to the blighting or downgrading of surrounding neighborhoods whether residential or non-residential by location or concentration and to ensure the stability of such neighborhoods.
[R.O. 2013 § 430.100; Ord. No. KK498 § 2, 5-17-1993]
As used in this Article, the following terms shall have the following definitions:
ADULT CABARET
A nightclub, bar, restaurant, or similar establishment in which persons regularly appear in a state of nudity, as defined in Section 573.500, RSMo., or seminudity in the performance of their duties.
ADULT ENTERTAINMENT ESTABLISHMENTS
Any of the establishments, businesses, buildings, structures or facilities defined in this Section as adult bookstore, adult entertainment facility, bathhouse, massage business and modeling studio.
ADULT ENTERTAINMENT FACILITY
Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, video tape or film presentation) where the patrons either:
1. 
Engage in personal contact with, or allow personal contact by, employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
2. 
Observe any live presentation, video tape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities as said term is defined herein.
BATHHOUSE
An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.
MASSAGE BUSINESS
Any place of business in which massage therapy is practiced.
MASSAGE THERAPY
A health care profession which involves the treatment of the body's tonus system through the scientific or skillful touching, rubbing, pressing or other movements of the soft tissues of the body with the hands, forearms, elbows, or feet, or with the aid of mechanical apparatus, for relaxation, therapeutic, remedial or health maintenance purposes to enhance the mental and physical well-being of the client, but does not include the prescription of medication, spinal or joint manipulation, the diagnosis of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law, or to those occupations defined in Chapter 329, RSMo.
SEXUALLY ORIENTED BUSINESS
Includes:
1. 
An adult bookstore or adult video store. "Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. A principal business activity exists where the commercial establishment:
a. 
Has a substantial portion of its displayed merchandise which consists of such items; or
b. 
Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
c. 
Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
d. 
Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or
e. 
Maintains a substantial section of its interior business space for the sale or rental of such items; or
f. 
Maintains an adult arcade. "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
2. 
An adult cabaret.
3. 
An adult motion-picture theater. "Adult motion-picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five persons for any form of consideration.
4. 
A seminude model studio. "Seminude model studio" means a place where persons regularly appear in a state of seminudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Such definition shall not apply to any place where persons appearing in a state of seminudity do so in a modeling class operated:
a. 
By a college, junior college, or university supported entirely or partly by taxation;
b. 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
c. 
In a structure:
(1) 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a seminude person is available for viewing; and
(2) 
Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
5. 
A sexual encounter center. "Sexual encounter center" means a business or commercial enterprise that, as one of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two or more persons when one (1) or more of the persons is seminude.
SPECIFIED SEXUAL ACTIVITIES
Includes the following acts:
1. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. 
Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
3. 
Excretory functions as part of or in connection with any of the activities set forth in this definition.
[R.O. 2013 § 430.110; Ord. No. KK498 § 3, 5-17-1993]
The following uses of property are considered adult entertainment activities and may be located only in the appropriate zone as a conditional use: adult bookstore, adult entertainment facility, bathhouse, massage shop, modeling studio.
[R.O. 2013 § 430.120; Ord. No. KK498 § 4, 5-17-1993]
A. 
No person shall establish a sexually oriented business within one thousand (1,000) feet of any preexisting primary or secondary school, house of worship, State-licensed day-care facility, public library, public park, residence, or other sexually oriented business. This Subsection shall not apply to any sexually oriented business lawfully established prior to August 28, 2010. For purposes of this Subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest portion of the parcel containing the sexually oriented business to the closest portion of the parcel containing the preexisting primary or secondary school, house of worship, State-licensed day-care facility, public library, public park, residence, or other sexually oriented business.
B. 
No person shall establish a sexually oriented business if a person with an influential interest in the sexually oriented business has been found guilty of any of the following specified offenses for which less than eight (8) years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is later:
1. 
Rape and sexual assault offenses;
2. 
Sexual offenses involving minors;
3. 
Offenses involving prostitution;
4. 
Obscenity offenses;
5. 
Offenses involving money laundering;
6. 
Offenses involving tax evasion;
7. 
Any attempt, solicitation, or conspiracy to commit one of the offenses listed in Subsection (B)(1) to (6); or
8. 
Any offense committed in another jurisdiction which if committed in this State would have constituted an offense listed in Subsection (B)(1) to (7).
C. 
No person shall knowingly or intentionally, in a sexually oriented business, appear in a state of nudity.
D. 
No employee shall knowingly or intentionally, in a sexually oriented business, appear in a seminude condition unless the employee, while seminude, shall be and remain on a fixed stage at least six (6) feet from all patrons and at least eighteen (18) inches from the floor in a room of at least six hundred (600) square feet.
E. 
No employee, who appears in a seminude condition in a sexually oriented business, shall knowingly or intentionally touch a patron or the clothing of a patron in a sexually oriented business.
F. 
A sexually oriented business, which exhibits on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc, or other video reproduction, characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements:
1. 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose;
2. 
An operator's station shall not exceed thirty-two (32) square feet of floor area;
3. 
If the premises has two or more operator's stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations;
4. 
The view required under this Subsection shall be by direct line of sight from the operator's station;
5. 
It is the duty of the operator to ensure that at least one (1) employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by such operator station; and
6. 
It shall be the duty of the operator and of any employees present on the premises to ensure that the view area specified in this Subsection remains unobstructed by any doors, curtains, walls, merchandise, display racks, or other materials or enclosures at all times that any patron is present on the premises.
G. 
Sexually oriented businesses that do not have stages or interior configurations which meet at least the minimum requirements of Sections 573.525 to 573.537, RSMo., shall be given one hundred eighty (180) days after August 28, 2010, to comply with the stage and building requirements of Sections 573.525 to 573.537, RSMo. During such 180-day period, any employee who appears within view of any patron in a seminude condition shall remain, while seminude, at least six (6) feet from all patrons.
H. 
No operator shall allow or permit a sexually oriented business to be or remain open between the hours of 12:00 Midnight and 6:00 A.M. on any day.
I. 
No person shall knowingly or intentionally sell, use, or consume alcoholic beverages on the premises of a sexually oriented business.
J. 
No person shall knowingly allow a person under the age of eighteen (18) years on the premises of a sexually oriented business.
K. 
As used in this Section, the following terms mean:
ESTABLISH or ESTABLISHMENT
Includes any of the following:
a. 
The opening or commencement of any sexually oriented business as a new business;
b. 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
c. 
The addition of any sexually oriented business to any other existing sexually oriented business.
INFLUENTIAL INTEREST
Includes any of the following:
a. 
The actual power to operate a sexually oriented business or control the operation, management, or policies of a sexually oriented business or legal entity which operates a sexually oriented business;
b. 
Ownership of a financial interest of thirty percent (30%) or more of a business or of any class of voting securities of a business; or
c. 
Holding an office, such as President, Vice President, Secretary, Treasurer, managing member, or managing director, in a legal entity which operates a sexually oriented business;
VIEWING ROOM
The room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, digital video disc, or other video reproduction.
[R.O. 2013 § 430.130; Ord. No. KK498 § 5, 5-17-1993]
A. 
Each application for a conditional use permit shall require the submission of an accompanying site plan. The site plan shall include, as a minimum, the following information:
1. 
The site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet or larger.
2. 
The site plan shall delineate the property lines of the proposed project and shall indicate the zoning and present use of abutting properties.
3. 
The site plan shall delineate existing rights-of-way and easements.
4. 
The site plan shall delineate the general location and width of all proposed streets and public rights-of-way, such as alleys, pedestrian ways and easements.
5. 
The site plan shall delineate the solid masonry screening as provided in this Article.
6. 
The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in this Article.
7. 
The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity.
8. 
The site plan shall delineate the location, number of parking spaces and the proposed parking and loading ratio and its location and requirements in accordance with this Article.
9. 
The site plan shall delineate all points of access and egress in accordance with this Article.
10. 
The site plan shall present in tabular form the proposed net density of the use provided the number of seats, employees or other applicable unit of measure.
11. 
The site plan shall delineate the gross floor area of the building or structure.
12. 
The site plan shall detail the proposed stages of construction for all land in development and improvements within the proposed district.
13. 
The site plan shall describe the landscaping to be provided.
14. 
The site plan shall delineate the proposed exterior lighting in accordance with this Article.
15. 
The site plan shall delineate the proposed architectural details of the facility in accordance with this Article.
16. 
The site plan shall indicate the signage in accordance with this Article.
17. 
The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.
18. 
The site plan shall show that the measurements from the building to surrounding structures and property lines comply with this Article.
[R.O. 2013 § 430.140; Ord. No. KK498 §§ 6 — 7, 5-17-1993; Ord. No. 12-2-16 § XXVII, 12-19-2016]
Any person, firm or corporation violating this Article is guilty of an ordinance violation and upon conviction thereof shall be punished as set forth in Section 100.220.