Harrisonville City Zoning Code
ARTICLE XIX
Special Use Permits
Section 405.525 Special Use Permits.
[Ord. No. 1825, 5-13-1991; Ord. No. 2504 §1, 6-8-1998]
A.
Purpose. Recognizing that certain uses may be desirable when located in the community, but that these uses may be incompatible with other uses permitted in a district, certain special uses listed herein, when found to be in the interest of the public health, safety, morals and general welfare of the community, may be permitted, except as otherwise specified, in any zoning district from which they are prohibited.
B.
The Board of Aldermen may, within the specifications herein provided, permit such buildings, structures or uses where requested, provided that the public health, safety, morals and general welfare will not be adversely affected, that ample off-street parking facilities will be provided and that necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values. In this regard the Board of Aldermen may impose reasonable conditions on the approval of a special use permit. Upon approval of a special use permit, the Zoning District Map shall be changed.
C.
Uses that require a special use permit, but do not have any additional conditions are simply listed and identified as "S" for special use permit in the Land Use Table in Appendix A.[1] The following special uses may be approved by the Board of Aldermen as provided in this Section:
[Ord. No. 3530, 2-1-2021; Ord. No. 3577, 2-22-2022; Ord. No. 3616, 11-21-2022]
1.
Group boarding homes for minors and/or group home for adults, provided:
a.
The applicant shall submit, as a part of the application, the plans for the proposed facility giving the type of services to be rendered, the number of persons to be placed in the facility, the number of staff to be employed and other information that will help in determining the extent of services to be provided.
b.
A letter from the Cass County Health Department Director shall be submitted by the applicant giving the current status of the applicant's license to operate the proposed facility and listing all requirements yet to be met in order for the proposed facility to be granted authorization to begin its operation.
c.
The following requirements shall be provided and sufficient information provided to assure they are being met:
2.
Radio or television towers and stations, microwave transmitting and/or receiving towers and/or stations, provided such towers must be set back from all adjacent property lines and streets and highways a distance equal to not less than its height plus ten (10) feet; provided, however, that before a special use permit is issued for any such building or structure, satisfactory proof must be presented to the Board of Aldermen that the proposed location for such use is reasonably necessary and that the design and appearance of such a structure is in keeping with the surroundings.
3.
Residential care facility, provided that:
a.
A permit must be requested in writing.
b.
The City Administrator shall cause a notice to be mailed to all parties adjoining the lot of the proposed site of the residential care facility. The names of the parties to be notified shall be determined by the City utility records. The notice shall advise the parties of the proposed use and that protests, if any, must be filed within ten (10) days of the date of the notice.
c.
The City Administrator may then issue a one (1) year permit, provided:
(1)
No protest has been received within ten (10) days.
(2)
The property meets the requirements of the City of Harrisonville Fire Code as determined by an annual inspection confirming this fact.
(3)
The applicant will not operate the residential care facility until license is secured, if required.
(4)
If a written protest is received, no permit may be issued except after a hearing by the Planning and Zoning Commission of the City of Harrisonville.
(5)
Each year prior to the annual renewal date of the permit, notice shall again be mailed to any adjoining lot owners as prescribed above; and if no protest is received, the permit shall be renewed.
4.
Residential facilities for the treatment of alcohol and other drug abuse. In addition to conformance with all other standards contained in this Chapter, the Planning and Zoning Commission may recommend and the Board of Aldermen may impose the following standards on all such residential facilities located in the "C-1," "CBD-1," "CBD-2" and "C-2" Zoning Districts:
a.
The dwelling will cause no substantial increase in traffic hazards or congestion.
b.
The dwelling will cause no substantial increase in fire hazards.
c.
The dwelling will cause no adverse effect on the general welfare of the community.
d.
The dwelling will cause no overtaxing of public utilities.
e.
No such residential treatment facility will be located within one thousand (1,000) feet of or on the same block as another such residential treatment facility.
f.
No such residential treatment facility will be located within one hundred (100) feet of any property zoned in the following districts: "A" Agriculture; "E" Estate, "R-1" Single-Family Residential; "R-1M" Manufactured Home Park; "R-2" Two-Family Residential; "R-3" Cluster or Garden Type Residential; and "R-4" Medium Density Apartment.
g.
The dwelling meets all life safety codes adopted by the City of Harrisonville.
h.
The exterior appearance of the dwelling be in reasonable conformance with the exterior of other existing structures in the area.
i.
A landscaping plan meeting the standards of the Harrisonville Zoning Ordinance be filed in support of a building permit for such a dwelling located in a "C-1," "CBD-1," "CBD-2" or "C-2" District, including a screening fence of at least eight (8) feet in height on the rear and side yards of such residential facility.
5.
A daycare home occupied by the daycare provider, in which family-like care is given to more than ten (10) children, not related to the daycare provider, for any part of the twenty-four (24) hour day. This permit may be issued by the City Administrator under the following conditions:
b.
The applicant shall notify all parties adjoining the lot of the proposed site of the daycare home by certified mail. The names of the parties to be notified shall be determined by the City utility records. The notice shall advise the parties of the proposed use and that protests, if any, must be filed in writing to the City within ten (10) days of the date of the notice. If a written protest is received, application in compliance with Section 405.630, Rules of Procedures Governing Amendments and Special Use Permits, must be made and no permit may be issued except after a hearing by the Planning and Zoning Commission and approval of the Board of Aldermen.
c.
The property meets the requirements of all applicable building and fire codes as adopted by the City. Daycare homes are subject to annual inspections by the Fire and/or Codes Departments. Failure to comply with adopted codes is grounds for revocation of the permit.
d.
The applicant must provide the City with proof of licensing by the appropriate State office.
6.
Commercially operated recreational or sports-related activity or facility, whether operated by a public or private entity, unless otherwise allowed by this Chapter. This shall include, but not be limited to, such uses as: recreational lakes, camps, golf courses, country clubs, golf driving ranges, miniature golf courses, swimming pools, tennis courts, racquetball courts, riding stables, shooting ranges, ice and roller skating rinks, race tracks for horses and dogs, bowling alleys and fee fishing lakes.
7.
Boat, recreational vehicle, and/or any other vehicle storage, open or enclosed, of one (1) or more similar vehicles which are not the property of the landowner. Open storage must be screened by a view-reducing wall, fence or landscaping material from adjacent public roads and residentially zoned or used property.
8.
Quarrying, mining or removal of sand, gravel or stone and the processing of the same, including asphalt and concrete plants, provided:
a.
All quarries and mining operations and asphalt and concrete plants shall be screened by a method approved by the Board of Aldermen when the same are visible from any public road.
b.
The applicant shall provide an approved method for dust abatement on all unpaved interior roads.
c.
Where applicable, a maintenance agreement between the applicant and the City shall be required to maintain the roads that provide the ingress/egress to the operation.
d.
A plan for reclamation of the site shall be prepared and submitted as a part of the application. The plan shall indicate a timetable for the reclamation to the proposed use of the site as a general plan of the proposed use. The reclamation plan submitted shall be binding only to the extent that said plan shows the intent of the applicant for reclamation. The actual reclamation plan may be amended at such time that the applicant is ready to begin such reclamation, however, the amended plan must be approved by the Board of Aldermen before reclamation work may begin. Said approval shall require a public hearing under the same procedures as the original special use permit.
e.
All areas quarried or mined shall not endanger the lateral support of abutting or adjoining properties. A minimum setback of one hundred (100) horizontal feet from any road right-of-way and fifty (50) horizontal feet from all other property lines, measured on the surface, must be maintained free of any quarrying or mining activity, either surface or subsurface.
f.
No building, equipment, quarry products or other materials shall be erected or stored within one hundred (100) feet of any property or right-of-way line.
9.
Retail sales of concrete from small batch concrete dispensing plants. This use is permitted only in District "C-2," provided that no noise, smoke, heat, glare or dust is produced that is perceptible from abutting properties. In addition:
a.
Mixing capacity to be less than one-fourth (1/4) cubic yard;
b.
All cement materials must be stored within an enclosed building;
c.
All aggregate materials must be stored in approved bins;
d.
No more than one (1) dispensing unit may be installed;
e.
No vehicle which is designed to hold more than two (2) cubic yards of concrete may be used to haul off the concrete; and
f.
All concrete is to hauled in a manner designed to prevent the spillage of materials.
10.
Mini-warehouse facilities, provided that:
a.
Mini-warehouse facilities are only permitted with an approved special use permit in the "C-2" and "M-1" Zoning Districts. Mini-warehouse facilities shall not exceed two (2) acres in size.
b.
In the "C-2" Zoning District, the doors of mini-warehouse facilities must be screened on all sides by a wall, fence or landscaped earthen berm that shields the development from view.
c.
In the "M-1" Zoning District, the doors of mini-warehouse facilities must be screened so as not to be visible from the public right-of-way by a wall, fence or landscaped earthen berm.
d.
Any wall or fence visible from the public right-of-way or a residentially zoned district shall be comprised of at least fifty percent (50%) brick, stone, or other comparable masonry materials. Metal utilized in a wall or fence shall be limited to architectural metal panels approved by the City. White vinyl material may be used in fencing. Fences or walls may run between buildings.
e.
Any wall abutting public right-of-way and over seventy-five (75) feet in length shall include a combination of at least two (2) of the following features: facade setbacks, change of building materials, varied roof line, a water table, or pilasters.
f.
Colors of roofs, walls, and fences visible from the public right-of-way must be of muted shades.
g.
In the "C-2" Zoning District:
h.
Tracts split for a mini-warehouse facility from a larger tract shall not prevent future development of the larger tract.
i.
Incidental uses may include the repair and maintenance of stored materials by the tenant; but in no case may storage spaces function as an independent retail, wholesale, business, or service use. Spaces may not be used for workshops, hobby shops, manufacturing, or similar uses. Human occupancy is limited to that required to transport, arrange, and maintain stored materials.
j.
The facility may contain one (1) residential unit for an employee residence.
11.
Pawnshop/small loan establishment, as defined in Section 630.050. The following special conditions and regulations shall apply to pawnshop or small loan establishments to protect the character of residential and commercial areas and preserve the value of the property throughout the City.
[Ord. No. 3630, 2-21-2023]
a.
A pawnshop or small loan establishment shall not be established or expanded within three hundred (300) feet of the property line of a church, school or public park or within three hundred (300) feet of the boundary line of an established residential neighborhood.
b.
A pawnshop or small loan establishment shall not be established or expanded within two hundred (200) feet of any other pawnshop or small loan establishment.
c.
A pawnshop or small loan establishment shall only be allowed in appropriate zoning districts as defined by the Harrisonville Zoning Ordinance.
d.
A pawnshop or small loan establishment shall only be allowed with a special use permit.
e.
All signs pertaining to a pawnshop or small loan establishment shall be affixed to the building in which business is being conducted. In addition, all pawnshop or small loan establishments are required to comply with the City Sign Regulations and obtain a sign permit before establishment of signage.
13.
Crematorium – human or animal, provided that:
[Ord. No. 3632, 2-21-2023]
a.
The use is located within the Light Industrial ("M-1") or General Industrial ("M-2") District.
14.
Bed And Breakfast. An application for special use permit for a bed and breakfast shall be subject to the following conditions and restrictions:
[Ord. No. 3677, 12-4-2023]
a.
Appearance. The exterior residential appearance of the dwelling unit shall be maintained.
b.
Parking Location. Parking areas shall be located on the side or rear of the property and shall be screened from adjacent residential property by a solid screen fence or wall.
c.
Food Service. Food service may be provided to guest rooms. No cooking or food preparation will be allowed in guest rooms. Approval must be received from the Cass County Health Department.
d.
Codes. The bed and breakfast shall comply with all applicable requirements of the International Building Code, the International Fire Code and the International Residential Code, as adopted by the City of Harrisonville.
e.
Inspections. The Fire Department and other City departments shall be permitted to perform inspections as in any other business.
f.
Length Of Stay. No person shall be an occupant of a bed and breakfast for more than fourteen (14) consecutive days.
g.
Other Criteria. In determining whether a bed and breakfast is an appropriate use in the proposed location, the Commission and Board may consider the following:
(1)
Whether the use is appropriate in view of the use, development and zoning of adjacent and nearby property.
(2)
Whether the use will adversely affect the existing use or usability of adjacent or nearby property.
(3)
Whether the use is in conformity with the policy and intent of the Comprehensive Plan.
(4)
Whether there are existing or changing conditions affecting the use or development of the property which give supporting grounds for either approval or disapproval of the proposed use.
15.
Intermodal Containers For Seasonal Sales. An application for special use permit for the use of intermodal containers for seasonal sales shall be subject to the following conditions and restrictions:
[Ord. No. 3677, 12-4-2023]
a.
Appearance. Containers shall be painted to be compatible with the structure being served.
b.
Maximum Number. The maximum number of said structures shall not exceed ten (10).
c.
Location. Containers shall be located such that they are not placed immediately adjacent to any public right-of-way, and they are not placed in front of the front building line.
d.
Duration. The maximum duration of a seasonal event shall not exceed ninety (90) calendar days in a year.
e.
Codes. The structures shall comply with all applicable requirements of the adopted Codes of the City of Harrisonville.
16.
Massage Establishment, as defined in Section 635.050. The following is required of an applicant for a massage establishment:
[Ord. No. 3677, 12-4-2023]
a.
Premises shall comply with all applicable zoning, fire, health and building codes.
b.
Premises and equipment shall be clean, sanitary and well maintained.
c.
Items for the personal use of patrons, such as linens, sheets and towels, shall be cleaned and freshly laundered, unless disposable and no such item, if non-disposable, shall be used twice without being laundered. Disposable items must be disposed of in a sanitary manner after each use. Drapes (sheets) should be twin fitted drapes and twin flat sheets (no sheer sheets shall be allowed).
d.
The license of the massage establishment and of every massage therapist employed thereby shall be displayed in an open and conspicuous place on the premises and shown to officers of the City of Harrisonville upon request.
e.
Massage establishment and massage therapist licenses are not transferable and such authority as a permit confers shall be conferred only on the permitting name therein. Any applications made, fees paid and permits obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinances of this City.
f.
All signs pertaining to a massage establishment shall be affixed to the building in which business is being conducted. In addition, all massage establishments are required to comply with City sign regulations and obtain a sign permit from the City before placement of said sign.
g.
Business shall only be conducted between the hours of 5:00 A.M. and 10:00 P.M.
i.
Massage establishments located in residential neighborhoods shall provide a separate treatment room which is exclusively used for treatment of patrons. Said treatment room shall be professional in appearance.
[1]
Appendix A, Land Use Table, is included as Attachment 1 of this chapter.
D.
A special use permit shall be allowed to continue, unless specified otherwise as a condition of its authorization, as long as all conditions placed on it are met; however, if that particular use ceases to exist for a period of six (6) months, it will forfeit its special use permit and will not be allowed to exist again unless a new application is made, a public hearing held as provided for in these regulations and a new special use permit approved.[4]
Section 405.530 Definitions Relating To Division 2.
[Ord. No. 1825, 5-13-1991; Ord. No. 3629, 2-21-2023]
As used in this Division, the following terms shall have these prescribed meanings:
A person who has attained the age of eighteen (18) years.
Any establishment having as a material portion of its business the offering of entertainment, services, stocks in trade or materials, scenes or other representations predominately distinguished by or characterized by emphasis on depiction or description of an erotic nature, including, but not limited to, depiction or descriptions of "specified sexual activities" or " specified anatomical areas" separately defined). The definition of "adult business establishment" also includes, but is not limited to, any and all of the following specific adult businesses as defined herein:
ADULT ARCADEAny business establishment or concern to which the public is permitted or invited and where coin- or slug-operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed relate to specified sexual activities or exhibition of specified anatomical areas.
ADULT ENCOUNTER PARLORAn establishment where a regular and substantial portion of its business is the provision of premises where customers congregate, associate or consort with employees, performers and/or other customers or private contractors who display specified anatomical areas in the presence of such customers, with the intent of providing sexual arousal or excitement to such customers.
ADULT ENTERTAINMENT CABARETAn establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female, impersonators, or live performances, or material which depict, portray, exhibit or display specified anatomical areas or specified sexual activities or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or customer.
ADULT ENTERTAINMENT STUDIO (includes the terms "rap studio," "exotic dance studio," "sensitivity studio" or "encounter studio")An establishment whose premises are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas.
ADULT MEDIA OUTLETSee definition below.
ADULT MOTELAn enterprise where a regular and substantial portion of its business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, videotapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six (6) hours at a time.
ADULT MOTION PICTURE THEATERAn enclosed building used for presenting or showing, for monetary consideration, movie or video films or pictures or other material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (separately defined) for observation by customers therein. Said adult motion picture theaters generally show "X" rated movies.
ADULT NEWSRACKAny coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
ADULT RETAIL ESTABLISHMENTA business which offers for sale or rent instruments, devices, gifts or paraphernalia which are designed or marketed for use in connection with specified sexual activities, clothing that graphically depicts specified anatomical areas or any of the material sold or rented in an "adult media outlet" as defined below, if a substantial or significant portion of such items are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." For purposes of this Subsection, the presumptions relative to what constitutes a "substantial or significant" portion of business set forth in the definition whether an item is "designed or marketed for use" in connection with specified sexual activities, the following guidelines may be considered:
Expert testimony as to the principal use of the term;
Evidence concerning the total business of a person or business establishment and the type of merchandise involved in the business;
National and local advertising concerning the use of the item;
Evidence of advertising concerning the nature of the business establishment;
Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;
The physical or structural characteristics of the item;
The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.
Any person may request an interpretive ruling from the City, or his/her designee, as to whether a particular item is considered by the City to be "designed or marketed for use" in connection with specified sexual activities. An application for an interpretive ruling shall be made in writing on a form provided by the City and shall be accompanied by such other information as may reasonably be requested under the circumstances pertaining to the specific item about which a ruling is requested. The City shall issue a written interpretive ruling within ten (10) business days following submission of a completed application. The decision of the City may be appealed to the City Administrator within fifteen (15) days following the interpretive ruling by submitting a written notice of appeal to the City Clerk. |
ADULT THEATERAn establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers for observation by customers.
BATHHOUSEAn enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.
BODY PAINTING STUDIOAn establishment where a regular and substantial portion of its business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for customer view specified anatomical areas.
ESCORT BUREAUAny person, business or agency which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts or persons who, for hire or reward, accompany others to or about social affairs, entertainment or places of amusement or who consort with others, for hire or reward, about any place of public resort or within any private quarters.
WET T-SHIRT CONTESTSAny exhibition, dance or modelling predominately distinguished by, or characterized by, soaking t-shirts for the purpose of rendering the shirt less than one hundred percent (100%) opaque. Thereby, rendering the female breast less than completely and opaquely covered.
Any exhibition, dance, pantomime, modeling or other performance predominately distinguished by or characterized by emphasis on depiction or description of an erotic nature, including, but not limited to, depiction or descriptions of "specified sexual activities" or "specified anatomical areas" (separately defined)
[Ord. No. 3630, 2-21-2023]
Magazines, books, videotapes, movies, slides, paraphernalia or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (separately defined).
An establishment that rents, sells or offers for viewing or other use any adult media and which meets at least one (1) of the following tests. For purposes of this Subsection, it shall be presumed that a "substantial or significant" portion of a business is devoted to the sale or rental of such items if any one (1) or more of the following criteria are satisfied:
More than thirty percent (30%) of the floor area is devoted to adult media (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public); or
More than thirty percent (30%) of the gross sales (including rentals) result from the sale or rental of adult media;
Thirty percent (30%) or more of the dollar value of all merchandise displayed at any time is attributable to adult media;
Thirty percent (30%) or more of all inventory consists off adult media at any time;
Thirty percent (30%) or more of the merchandise displayed for sale consists of adult media;
Thirty percent (30%) or more of the stock in trade consists of such items at any time.
Arcade.
A small enclosure that separates the occupant from patrons or customers.
Any person who:
Is allowed to enter an adult business establishment in return for the payment of an admission fee or any other form of consideration or gratuity; or
Enters an adult business establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
Is a member of or on the premises of an adult business establishment operating as a private club.
Any establishment that provides, on a regular basis, supervision, protection, and care for individuals on a regular basis away from their primary residences for less than twenty-four (24) hours per day.
Any person who renders any service whatsoever to the customers of an adult business establishment or who works in or about an adult business establishment and who receives compensation for such service or work from the operator or owner of the business or from the customers therein. "Employee," includes, but is not limited to, managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of an adult business establishment.
Any person who provides adult entertainment within an adult business establishment, whether or not a fee is charged or accepted for the entertainment.
Devoted to or tending to arouse or excite sexual desires.
A unit of illumination lighting a surface, on which there is uniformly distributed a light flux of one (1) lumen over an area of one (1) square foot. A lumen is a unit of measure of the quantity of light energy emitted by a light source without regard to the effectiveness of its distribution. A candela is the unit of intensity of a light source in a specific direction. One (1) candela directed perpendicular to a surface one (1) foot away generates one (1) foot-candle of light. A light source of one (1) candela emits a total of twelve and fifty-seven hundredths (12.57) lumens. For the purposes of this code, the lumen output values shall be the initial lumen output ratings of a lamp.
A residential dwelling unit for six (6) or more persons, eighteen (18) years of age or over.
A residential facility for six (6) or more persons under eighteen (18) years of age who for various reasons cannot reside in their natural home and where twenty-four (24) hour adult care, supervision and consultation exists.
Any person who manages, directs, administers, or is in charge of the affairs of or conduct of any portion of any activity of any adult business.
A person less than eighteen (18) years of age.
Exposing any of the human male or female genitals, pubic hair or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering below a point immediately below the top of the areola or the showing of the covered male genitals in a discernible turgid state.
A building or a group of buildings where, for compensation pursuant to the previous arrangement, care is offered or provided for three (3) or more persons suffering from illness, other than a contagious disease, or sociopathic or psychopathic behavior, which is not of sufficient severity to require hospital attention, or for three (3) or more persons requiring further institutional care after being discharged from a hospital.
To own, conduct or maintain the affairs of an adult business establishment.
Any person, partnership or corporation operating, conducting or maintaining an adult business establishment.
Any public or private land designated for park or recreational activities but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness area or similar land.
Any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity or other entity or group of persons however organized.
A structure or site such as a church, synagogue, chapel, sanctuary or cathedral used primarily for religious activity or worship and related religious activities.
Any property within the City which is zoned or used for residential purposes. The zoning designations refer to the Sections in the City Zoning Ordinance as may be amended from time to time and include any property in the City which is zoned "A" (Agricultural), "E" (Estate), "EP" (Planned Estate), "R-1" (Single-Family), "RP-1" (Planned Single-Family Residential), "R-1M" (Manufactured Home Park), "RP-1M" (Planned Manufactured Home Park), "R-2" (Two-Family), "RP-2" (Planned Two-Family Residential), "R-3" (Cluster/Garden Apartment District), "RP-3" (Planned Cluster/Garden Apartment District), " R-4" (Apartment), "RP-4" (Planned Apartment).
Any institution of teaming, whether public or private. This definition includes, but is not limited to, a nursery school, kindergarten, elementary school, junior high school, senior high school; college and university.
These include:
Sexual conduct, including, but not limited to:
Human genitals in a state of sexual stimulation or arousal; and/or
Acts of human masturbation, sexual intercourse or arousal; and/or
Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or
Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; and/or
Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
Fondling or other erotic touching of clothed or unclothed human genitals, pubic region, buttock, or female breast; and/or
Acts involving animals or latent objects.
Section 405.535 Location and Distance Requirements.
[Ord. No. 1825, 5-13-1991; Ord. No. 3629, 2-21-2023]
A.
Adult business establishments may be located in any property zoned "M-2" with an approved special use permit (SUP).
B.
Residential. Adult business establishments may not be located within two thousand (2,000) feet of any property zoned or used for residential purposes.
C.
Schools, Parks, Religious Institutions, Group Homes, Nursing Facility, Hospitals And Libraries. No adult business establishment shall be permitted to locate or expand within two thousand (2,000) feet of any private or public school, public park, daycare facility, group home for adults or minors, nursing facility, hospital, library or religious institution or place of worship.
D.
Other Adult Uses. No adult business establishment shall be permitted to locate or expand within two thousand (2,000) feet of another adult business establishment.
E.
Facilities With A Liquor License. No adult business establishment shall be permitted to locate or expand within two thousand (2,000) feet of any business licensed to sell or serve alcoholic liquor or cereal malt beverages, whether or not such business is also an adult business establishment.
F.
Measurement Of Distance.
1.
The distance between any adult business establishment and any religious institution, school, group home, nursing facility, hospital, library, public park or child care facility or any property zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult business use to the closest property line of the religious institution or place of worship, private or public school, public park, child care facility, property zoned for residential use, group home, nursing facility or hospital.
2.
The distance between any two (2) adult business establishments or between any adult business establishment and a business licensed to sell or serve alcoholic or cereal malt beverages shall be measured in a straight line, without regard to intervening structures, from the closest property line of each business.
Section 405.540 General Regulations and Requirements.
[Ord. No. 1825, 5-13-1991; Ord. No. 3629, 2-21-2023]
A.
Age Restriction. Only adults, as defined in this Code, shall be permitted on the premises of any adult business establishment. If alcoholic or cereal malt beverages are sold or served on the premises, only persons twenty-one (21) years of age or older may be permitted on the premises.
B.
Hours Of Operation. It shall be unlawful for any adult business establishment to be conducted, operated, or otherwise open to the public, customers or members between the hours of 12:00 Midnight and 10:00 A.M. Monday through Saturday. No adult business establishment shall be open on any Sunday.
C.
Exterior Display. The premises of all adult business establishments shall be so constructed as to ensure that the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all exterior doorways must be constructed with an anteroom or foyer so as to prevent observation of the interior of the premises from the exterior of the building.
D.
Nudity Prohibited. No manager, employee, entertainer or customer in an adult business establishment shall be unclothed, nude or in such less-than-opaque and complete attire, costume or clothing, so as to expose to view any "specified anatomical area."
E.
Protective Barrier Required. Any adult business establishment engaging in the display or performance of live models, dancers, entertainers or other performers shall erect a platform at least two (2) feet above the primary level of the customer floor level on which the employee or entertainer must be contained, shall not permit customers within ten (10) feet of the employee or entertainer and shall, in addition, erect a protective barrier from floor to ceiling of sufficient strength to prevent customers from entering the area of the employee or entertainer or touching the employee or entertainer in any manner. Further, it shall be unlawful for any customer to be upon any portion of the stage during a performance or for an owner, operator or manager to permit a customer to be upon any portion of the stage during the performance.
F.
Erotic Touching Prohibited. No employee, dancer, entertainer or customer of an adult business establishment shall be permitted to manually or through other bodily contact stimulate the genitals, pubic region, breasts or buttocks of themselves or any other person.
G.
Display Or Performance. No adult business establishment shall permit any employee, entertainer, model, dancer, other performer or customer to participate in any entertainment, live display or performance which depicts, describes or simulates "specified sexual activities" or contains any acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
H.
Devices. No employee, model, dancer, entertainer, other performer or customer shall wear or use any device or covering exposed to view which simulates any "specified anatomical area," nor shall any employee, model, danger, entertainer, other performer or customer use artificial devices or inanimate objects to depict any of the prohibited activities described in this code.
I.
Entertainer Payment Or Gratuity. No model, dancer, entertainer or other performer, while on the premises of an adult business establishment, shall solicit, demand or receive any payment or gratuity from any customer directly, rather all gratuities shall be placed in a permanently affixed receptacle provided for gratuities. No gratuity may be offered or accepted while a performance is being conducted.
J.
Lighting. All adult business establishments shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than two (2) foot-candle as measured at the floor level, and such illumination must be maintained at all times that any customer is present in or on the premises.
K.
Vending Machines Prohibited. No coin- or token-operated vending machine which sells adult media may be located in a place open to the public, except that said machines are permitted in public places from which minors are excluded.
L.
Closed Booths Or Rooms Prohibited. The premises of all adult business establishments shall be physically arranged in such a manner that the entire interior portion of any booths, cubicles, rooms or stalls is visible from a public common area of the premises.
1.
Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.
2.
The entire body of any viewing person must also be visible from the public common area without the assistance of mirrors or other viewing aids.
3.
No booth shall be occupied by more than one (1) customer at a time.
4.
No holes shall be permitted between booths or individual viewing areas.
M.
Identification Cards. Any adult business employee issued a permit by the City Clerk under the provisions contained herein shall, at all times when working in an adult business establishment, have in such employee's possession a valid identification card issued by the City bearing the permit number, the employee's physical description and a photograph of such employee. Such identification card shall be laminated to prevent alteration.
N.
Ventilation And Sanitation Requirements. The premises of all adult business establishments shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
O.
Manager On Premises.
1.
A permitted manager shall be on duty at all adult business establishments at all times the premises are open for business. The name of the manager on duty shall be prominently posted during business hours.
2.
It shall be the responsibility of the manager to verify that every employee within any adult business establishment possesses a current and valid permit and have in their possession a current and valid identification card at all times while working.
P.
General Prohibitions. No owner, operator, manager, or other person in charge of the premises of an adult business establishment shall:
1.
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon the premises unless authorized to do so by a properly issued and current liquor license as required by City ordinances;
2.
Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises;
3.
Knowingly allow or permit any person under the age of eighteen (18) to be in or upon the premises of an adult business establishment or any person under the age of twenty-one (21) if alcohol or cereal malt beverages are sold;
4.
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises, as prohibited by State law or City ordinance;
5.
Knowingly allow or permit a violation of this code or applicable City ordinance; or
6.
Knowingly allow any entertainer, employee, manager or operator to perform any work, service or entertainment directly related to the operation of an unlicensed adult business.
Q.
Facilities Necessary. No adult business license to conduct a bathhouse or body painting studio shall be issued unless an inspection by the Director of Community Development or his/her authorized representative reveals that the premises on which the applicant intends to conduct such business complies with each of the following minimum requirements:
1.
The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given or showers taken. Floors shall be free of any accumulation of dust, dirt or refuse. All equipment used in the business' operation shall be maintained in a clean and sanitary condition. Towels, linens and items for personal use of operators and patrons shall be clean and freshly laundered for each patron. Heavy, white paper may be substituted for sheets, provided that such paper is changed for every patron. No activity related to an adult business shall be carried on within any cubicle, room, booth, or any area within any permitted establishment, which is fitted with a door capable of being locked.
2.
Toilet facilities shall be provided in convenient locations. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one (1) time. Urinals may be substituted for water closets after one (1) water closet has been provided. Toilet facilities shall be designated as to the gender accommodated therein.
3.
Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
The Director of Community Development shall certify that the proposed business establishment complies with all of the requirements of this Section and shall give or send such certification to the City Clerk; provided, however, that nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises nor to preclude authorized inspection thereof. The Director of Community Development may recommend the issuance of a license contingent upon compliance with all requirements of this Section. |
Section 405.545 Notification Requirements.
[Ord. No. 1825, 5-13-1991; Ord. No. 3629, 2-21-2023]
Signage. All adult business establishments shall maintain on the premises a sign on which the upper-case letters shall be at least two (2) inches high and lower-case letters shall be at least one (1) inch high, which shall be conspicuously displayed in the common area at the principal entrances to the adult business establishment and which shall read as follows:
THIS ADULT BUSINESS IS REGULATED BY THE CITY OF HARRISONVILLE, MISSOURI EMPLOYEES, MODELS, DANCERS AND ENTERTAINERS: | |
* | Are not permitted to engage in any type of sexual conduct or in prostitution on the premises, or to fondle or caress the breasts, pubic region, buttocks or genitals of any employee, customer or other entertainer or to permit any employee, customer or other entertainer to fondle or caress the breasts, pubic region, buttocks or genitals of said entertainer. |
* | Are not permitted to solicit, demand or receive any payment or gratuity from any customer, except as follows: A gratuity may be placed in a permanently affixed receptacle provided for gratuities but not while a performance is being conducted. |
* | No nudity is permitted. |
CUSTOMERS ARE: | |
* | Not permitted to be upon stage at any time. |
* | Not permitted to caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server, entertainer or customer or engage in solicitation for prostitution. |
Section 405.547 Inspections.
[Ord. No. 3629, 2-21-2023]
A.
Any duly authorized officer of the City, including, but not limited to, the City Administrator, the City Attorney, Police Officers, Code Compliance Officers, Community Development Department employees, Fire Department officials, may from time to time make an inspection of each adult business establishment for the purposes of determining that the provisions of this Code are complied with. Such inspections shall be at reasonable times and in a reasonable manner. It shall be unlawful for anyone to fail to allow such officer immediate access to the premises or to hinder such officer in any manner.
B.
Any business that engages in the barter, rental or sale of items consisting of printed matter, pictures, slides, records, videotapes, compact discs, motion pictures, films or other media, if such business is not open to the public in general but only to one (1) or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" shall be deemed to have consented to periodic entry into and inspection of the business premises by appropriate City Officials and inspection by those officials of only those business records necessary for the limited purpose of determining whether such business enterprise is an "adult business establishment" as defined herein. This entry and inspection shall take place during hours when such business is open to the public, unless otherwise requested by the business, and shall not unreasonably interfere with the conduct of business.