[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.
[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.
