HomeMy WebLinkAboutOrdinance No. O09-06ORDINANCE NO. 009-06
ORDINANCE AMENDING CHAPTER 17.48.090 OF THE LAUREL MUNICIPAL CODE
MODIFYING ZONING EXEMPTIONS FOR ESTABLISHMENTS SERVING ALCOHOL.
WHEREAS, current zoning regulations in the City of Laurel prohibits establishments serving alcohol
within six hundred feet of churches, schools, and public parks; and
WHEREAS, the City of Laurel's Central Business District contains or is within close proximity to
churches, schools, and public parks; and
WHEREAS, in order to encourage business development of the Central Business District, it is in the
best interest of the City to modify its zoning exemptions for establishments serving alcohol.
. IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the following
chapter is hereby modified and adopted into the LAUREL MUNICIPAL CODE as set forth below.
17.48.090 Bars and taverns.
A. Any person desiring to use any premises or to erect, construct or alter any new or existing
building or structure for use as a bar, tavern, or any commercial establishment which serves alcoholic beverages
as a primary or accessory use shall first make application for special review as regulated.
B. No building, structure or premises shall be used for retail alcoholic beverage sales unless:
1. The lot or parcel of land so to be used has a street frontage of at least one hundred feet and an
average depth of at least one hundred feet;
2. A distance of six hundred feet between property lines measured in a straight line is maintained
from any building that is rimaM used as a church or school, or from a public ark that contains a children's
playground or la eld., buildings.
pubhe park, publie r-eff e"a af eaj ohl-luri-ehes A--r- other- public a. Properties or establishments which are located in the Central Business District zoning district are
exempt from section (2h
b. Pro erties ma be anted a waiver from the 600-foots aration required in subsection 2 if the
governing body finds that a physical barrier exists between the proposed user uirin the 600-foot
separation. These barriers include, but are not limited to, the followin&
i. An arterial street with no existing or ro sed signalized pedestrian crossing;
ii. A building or buildings that entirel obstruct the view between the separated uses; and
iii.No direct h ical access exists between the s arated uses.
3. The a licant must provide the overnin body with roof that the proposed property
establishment meets one of the above described physical barriers or that other types of h ical barriers exist
that warrant the waiving of the 600-foots aration.
C. Exceptions to the terms of this section may be granted by the city council when upon
recommendation by the zoning commission it is found that the strict application of the provisions ofthis section
may result in undue hardship, and that granting of such exception shall be in the public interest. (Prior code
§ 17.80.010)
009-06 Ordinance Amending Zoning Exemptions for Establishments Serving Alcohol
This Ordinance becomes effective thirty (30) days after final passage by the City Council and approval
by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on May 5, 2009, by
Council Member baton
PASSED and ADOPTED by the Laurel City Council on second reading this 2nd day of
June , 2009, upon motion of Council Member Dickerson
APPROVED BY THE MAYOR this 2nd day of __ June 5 2009.
CITY O LAUREL
enneth E. Olson, Jr., or
ATTEST:
009-06 Ordinance Amending Zoning Exemptions for Establishments Serving Alcohol
Elk River Law Office, P.L.L.P.