Laurie City Zoning Code
ARTICLE IV
Conditional Uses
Section 405.240 Conditional Uses - General.
[Ord. No. 2005-03 §420.230, 5-9-2005]
A.
Applications for conditional use permits for uses specifically authorized for conditional consideration in the district use regulations shall be made to the Zoning Inspector. The Zoning Inspector shall refer the application to the Planning and Zoning Commission for investigation and public hearing. The applicant shall notify adjoining property owners within one hundred eighty-five (185) feet by first class mail not less than ten (10) days prior to the hearing date and shall provide proof of such notice to the Planning and Zoning Commission. Following a public hearing, the Planning and Zoning Commission shall vote on a recommendation to either approve or deny the request. A record of the recommendation shall be forwarded to the Board of Aldermen and shall include the wording of the motion and the action taken. Upon receipt of a recommendation from the Planning and Zoning Commission, the Board of Aldermen shall conduct a public hearing within forty-five (45) days of receipt from the Planning and Zoning Commission and either approve or deny the request or continue action within ten (10) days after the public hearing. Should the Planning and Zoning Commission fail to forward a report of their action to the Board of Aldermen within sixty (60) days of the date of referral to the Planning and Zoning Commission, it shall be assumed that the Planning and Zoning Commission has recommended approval of the request.
B.
Before authorizing the issuance for such a conditional use permit, the Board of Aldermen shall satisfy itself that:
1.
The establishment, maintenance or operation of a conditional use permit will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2.
The conditional use permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted by these regulations.
3.
The conditional use permit will not substantially diminish or impair property values of existing properties in the neighborhood.
4.
All necessary facilities will be available including, but not limited to, utilities, roads, road access and drainage.
5.
The establishment of a conditional use permit will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.
6.
The establishment of a conditional use permit will not hinder the flow of traffic or result in traffic congestion on the public streets. This will include the provision of points of access to the subject property.
7.
The conditional use permit shall in all other respects conform to the applicable regulations of the zoning district in which it is located. The Board of Aldermen shall find that there is a public necessity for the conditional use permit.
C.
Any approved conditional use permit must be utilized within six (6) months of approval by the Board of Aldermen, unless a longer period of time is approved for initial utilization. Failure to exercise an approved permit within this period of time will automatically invalidate the permit. An invalidated permit can only be renewed by reapplication and approval as outlined herein. If a use authorized by a conditional use permit ceases for twelve (12) months, said permit shall become void.
D.
In the event that it appears to the Zoning Inspector that the holder of a conditional use permit is making use of the permit or premises in violation of the permit or is permitting others to use the permit or premises in violation of the permit, the Zoning Inspector may file a written complaint with the Board of Aldermen which, for cause shown, shall have authority to revoke the permit. The Zoning Inspector shall send a copy of the complaint to the holder of the permit by first class mail to the last known address at least fifteen (15) days prior to a scheduled public hearing to consider revocation of a permit. The Zoning Inspector shall prove by a preponderance of the evidence that violation(s) of one (1) or more conditions of the permit has occurred and shall show cause as to why the permit should be revoked. If the Board of Aldermen finds that one (1) or more conditions have been violated, upon hearing the evidence of the Zoning Inspector and the permittee, it may revoke the permit. Failure of the permittee to appear at the Board of Aldermen hearing or to present evidence shall not constitute grounds to avoid revocation of the permit. The Zoning Inspector may, in his/her discretion, dismiss the complaint prior to hearing if he/she determines that the violation(s) alleged in the complaint has been corrected.
E.
Applications shall include the following minimum information and failure to provide any of the required material will result in the rejection of the application:
1.
The name, address and telephone number of the property owner and the potential buyer or lessee of the property. Corporate applicants shall list the names, titles and addresses of the officers and the Board of Directors of the corporation. A copy of the corporate certificate of good standing with the State of Missouri shall be attached.
2.
A legal description of the property and proof of ownership.
3.
The present zoning of the land included in the request.
4.
The present use of land included in the request.
5.
The size of tract included in the request, broken down either by acreage or square feet.
6.
The zoning of land adjacent to the land included in the request.
7.
The proposed use of land if the permit is approved with the description as complete as possible.
8.
The classification of conditional use requested, the reason or the justification for the request being submitted and a sketch of the tract of land showing approximate size, use and location of any existing or proposed structures on the property including wastewater systems and wells.
9.
The approximate size, use and location of any structures on the property, including wastewater systems. This shall include both existing structures as well as structures that will be built if the permit is approved.
10.
The signature of the property owner or his/her authorized agent and the signature of any potential buyer or lessee or his/her authorized agent. In the absence of the signature of the owner, the applicant shall attach a written power of attorney signed by the owner.
11.
The names and addresses of all property owners owning land within one hundred eighty-five (185) feet of the property under consideration.
12.
A non-refundable check in the amount as set forth in the fee schedule.
13.
The floor plan and front elevation view of any existing or proposed structure.
F.
It is the applicant's responsibility to demonstrate to the Planning and Zoning Commission and the Board of Aldermen by competent and substantial evidence that the requirements of the standards for granting a conditional use permit set forth in this Section are satisfied.
Section 405.250 Conditional Uses - Adult Entertainment.
[Ord. No. 2005-03 §420.240, 5-9-2005]
A.
Adult Entertainment. The following uses of property are considered adult entertainment activities and may be located only in districts zoned "C-1" as a conditional use: adult bookstore, adult entertainment facility, bathhouse, massage parlor and modeling studio and will adhere to the following requirements:
1.
No adult bookstore, adult entertainment facility, bathhouse, massage parlor or modeling studio shall be permitted within one thousand two hundred (1,200) feet of any religious institution, school, public park or any property zoned for residential use. Such distance shall be measured in a straight line without regard to intervening properties from the closest property line of the religious institution, school, public park or the property zoned for residential use.
2.
No adult entertainment activities shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment use or of any business licensed to sell or serve alcoholic beverages whether or not such business is also an adult entertainment activity as defined in this Section. The distance between any two (2) adult entertainment activities or between an adult entertainment activity and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.
3.
All access to and from the adult entertainment establishment shall be provided from a street classified as a thoroughfare.
4.
The property on which such use is located shall have a minimum of one hundred (100) feet of street frontage.
5.
The property on which the use is located shall be screened by a solid wall at least six (6) feet in height along all interior property lines.
6.
The facility in which the use is located shall be designed in such fashion that all openings, entries and windows prevent view into such facilities from any pedestrian sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the adult entertainment establishment.
7.
The facility in which such a use is located shall be limited to one (1) wall-mounted sign not to exceed a total of fifty (50) square feet and shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk, walkway, street or other public area in front of the building.
B.
Application. An application for a conditional use in accordance with this Section shall include all the information required in Section 405.240(E) above and shall include a site plan with the following minimum information. Failure to provide any of the required information will result in the rejection of the application. The site plan shall:
1.
Be drawn at a scale of one (1) inch equals fifty (50) feet or larger (i.e., 1:40; 1:30; 1:15).
2.
Delineate the property lines of the proposed project and reflect the zoning and present use of abutting property.
3.
Delineate existing rights-of-way and easements.
4.
Delineate the general location and width of all proposed streets and public rights-of-ways, such as alleys, pedestrian ways and easements.
5.
Provide a building layout.
6.
Describe all points of ingress and egress.
7.
Describe the landscaping to be provided.
8.
Indicate the signage and lighting to be provided.
9.
Include a survey which must have been issued within the last six (6) months by a registered Missouri land surveyor.
10.
Show that the measurements from the building to surrounding structures and property lines.