Excelsior Springs City Zoning Code
SECTION 400
235 Adult Entertainment Establishments.
[R.O. 2012 §400.235; Ord. No. 93-6-6 §400.235, 6-7-1993]
A.
Purpose And Intent.
1.
Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings, and upon the use and enjoyment of adjacent properties.
2.
It is the purpose and intent of these regulations to provide for the confinement of adult entertainment establishments to those commercial areas within which the special characteristics and impacts are judged to be the least disruptive to the use and enjoyment of adjacent properties and neighborhoods.
3.
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 area or to be a blighting influence on the surrounding neighborhood(s).
4.
The special regulation of adult entertainment establishments is deemed to be necessary to ensure that the special characteristics and impacts of such uses will not contribute to the blighting or degradation of surrounding neighborhoods, whether residential or non-residential by location or concentration and to ensure the stability of such neighborhoods.
5.
These regulations are further intended to protect and balance the lawful rights of expression with the lawful rights to the enjoyment and use of property.
6.
These regulations are necessary to protect the health, safety, morals and general welfare of the residents of the City of Excelsior Springs, Missouri.
B. ADULT BOOKSTORE ADULT ENTERTAINMENT ESTABLISHMENTS ADULT ENTERTAINMENT FACILITY1. 2. MODELING STUDIO SPECIFIED SEXUAL ACTIVITIES
Definitions. The following words and phrases when used in this Section, shall have the meaning set out herein:
An establishment having as a ten percent (10%) portion of its stock in trade or more of books, photographs, magazines, films for sale, films for viewing on the premises by use of motion picture devices or other coin operated means, or similar periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities.
Any of the establishments, businesses, buildings, structures or facilities defined in this Subsection.
Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for live presentations, video tapes or films or similar devices, predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities. Additionally, any facility where the patrons either:
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 interests of the patrons; or
Observe any live presentation, video tape or film presentation or similar, of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent covering, or in the case of female persons with the areola and nipple of the breast exposed or covered with only transparent covering or to observe specified sexual activities.
An establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, or similar means. This definition is not intended to include or apply to schools whenever there are persons enrolled in a class for the purpose of developing their artistic skills.
Sexual conduct, being actual or simulated, acts of human masturbation, sexual intercourse, gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
C.
Special Use Permit Required. A Special Use Permit shall be obtained in accordance with the regulations and requirements set forth in Section 400.230: Special Use Permits.
D.
Conditions.
1.
A Special Use Permit may be obtained for an adult entertainment establishment only in a "C-3": Service Business District. This Special Use Permit shall be valid for a period not to exceed two (2) years, but may be renewed after a full and complete review by the Planning and Zoning Commission and City Council.
2.
No adult entertainment establishment shall be permitted to locate within one thousand (1,000) feet of any religious institution, school, public building, cemetery, park, hospital, youth center, or licensed day-care facility. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution, school, public building, cemetery, park, hospital, or licensed day-care facility.
3.
No adult entertainment establishment shall be permitted to locate within seven hundred fifty (750) feet of any single-family residential zoning district. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the single-family residential zoning district.
4.
No adult entertainment establishment shall be permitted to locate within one thousand (1,000) feet of another lawfully existing adult entertainment establishment. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment to the closest property line of the other adult entertainment establishment.
5.
All access to and from the adult entertainment establishment shall be provided from a street classified as either a collector or arterial street.
6.
The property upon which the adult entertainment establishment is located shall have a minimum of one hundred (100) feet of street frontage.
7.
The property upon which the adult entertainment establishment is located shall be screened by a solid masonry wall, at least six (6) feet in height along all interior property lines.
8.
The property upon which the adult entertainment establishment is located shall have a front yard setback of fifteen (15) feet, a side yard setback of fifteen (15) feet, and a rear yard setback of twenty-five (25) feet.
9.
Off-street parking shall be provided for at a ratio of one (1) parking space per three (3) seats, one (1) parking space per each two (2) employees, and/or one (1) parking space per each seventy-five (75) square feet of floor area to be determined by the Planning Director and subject to the review of the Planning and Zoning Commission and City Council.
10.
Landscaping and screening shall be provided for in accordance with Section 400.290: Landscaping and Screening.
11.
The facility within which the adult entertainment use is located shall be designed in such a manner that all openings, entries, exits, and windows prevent view into such facility.
12.
No adult entertainment activity shall take place outside of the establishment either wholly or partially.
13.
The adult entertainment establishment shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink, or move by mechanical means, and shall not extend above the roof line of the building.
14.
No merchandise or pictures of products may be displayed in any area where it may be viewed from outside of the establishment.
15.
Each application for a Special Use Permit for an adult entertainment establishment shall include a site plan. The site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet or larger and shall include, as a minimum, the following information:
a.
The site plan shall delineate the property lines of the proposed project, and shall indicate the Zoning District classification and present use of the proposed project site and for abutting properties.
b.
The site plan shall delineate existing rights-of-way and easements.
c.
The site plan shall delineate the general location and width of all proposed streets and public rights-of-way and easements.
d.
The site plan shall delineate the solid masonry screening wall as required in subsection (D)(6) above.
e.
The site plan shall delineate the proposed building layout with the required setbacks as required in Subsection (D)(7) above.
f.
The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity.
g.
The site plan shall delineate the location and number of parking spaces required in Subsection (D)(9) above.
h.
The site plan shall present in tabular form the proposed net density of the use provided, including the number of seats, employees, or other applicable unit of measure.
i.
The site plan shall delineate the gross floor area of the building or structure.
j.
The site plan shall describe all the landscaping to be provided.
l.
The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.
m.
The site plan shall show that the measurements from the building to surrounding structures and property lines comply with this Section.