76-529. Adult bookstore, adult motion picture theater, adult minimotion picture theater, group D cabaret, hotels or motels, pawnshops, pool or billiard halls, public lodginghouses, secondhand stores, shoeshine parlors, taxi dance halls., Article XIII. Planned Unit Development (PUD) and Special Land Use Approval, Chapter 76. Zoning, Code of Ordinances, Code of Ordinances, Chesterfield

(a)

Concentration prevention. In the development and execution of this chapter, it is recognized that there are some uses which, because of their nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. In addition to the review standards contained in this article, other special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area (i.e., not more than two such uses within 1,000 feet of each other) which would create such adverse effects. The uses subject to these controls are adult bookstores, adult motion picture theaters, adult minimotion picture theaters, group D cabarets, hotels or motels, pawnshops, pool or billiard halls, public lodginghouses, secondhand stores, shoeshine parlors or taxi dance halls.

(b)

Exceptions. The planning commission may waive the locational requirement established in subsection (a) of this section for adult bookstores, adult motion picture theaters, adult minimotion picture theaters, group D cabarets, hotels or motels, pawnshops, pool or billiard halls, public lodginghouses, secondhand stores, shoeshine parlors or taxi dance halls if the following findings are made:

(1)

The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed.

(2)

The proposed use will not enlarge or encourage the development of a skid row area.

(3)

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal.

(4)

All applicable regulations of this chapter will be observed.

(c)

Sale of beer or intoxicating liquor. For establishments for the sale of beer or intoxicating liquor for consumption on the premises, the township board may waive the locational requirements if the findings required in subsection (b) of this section can be made and after receiving a report and recommendation from the planning commission.

(d)

Petition. Petition procedures shall be as follows:

(1)

It shall be unlawful to hereafter establish any adult bookstore, adult motion picture theater, adult minitheater or class D cabaret within 500 feet of any building containing a residential dwelling or rooming unit. This prohibition may be waived if the person applying for the waiver shall file with the township planning commission a petition which indicates approval of the proposed regulated use by 51% of the persons owning, residing or doing business within a radius of 500 feet of the location of the proposed use. The petitioner shall attempt to contact all eligible locations within this radius and must maintain a list of all addresses at which no contact was made.

(2)

The township clerk shall adopt rules and regulations governing the procedure for securing the petition of consent provided for in this section. The rules shall provide that the circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the township clerk and that the circulator personally witnessed the signatures on the petition and that the signatures were affixed to the petition by the person whose name appeared on the petition.

(3)

The township planning commission shall not consider the waiver of locational requirements set forth in subsections (a) through (c) of this section until the petition described in this subsection (d) shall have been filed and verified.