[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 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.
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;
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.