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Jefferson County Unincorporated
City Zoning Code

ARTICLE V

Zoning Districts

Section 400.1350 Purpose.

[Zoning Order §5.010, 4-2-2008]
This Article describes the specific uses to which land and structures may be put in the various zoning districts and includes special requirements under which certain uses or structures are to be allowed. District regulations such as lot size, building setbacks, residential floor area and structure height are included.

Section 400.1360 Zoning Map.

[Zoning Order §5.020, 4-2-2008]
A. 
Official Zoning Map Adoption.
1. 
The boundaries of the various zoning districts are shown on a map entitled "Zoning Districts Map, Jefferson County, Missouri" adopted on the date of adoption of this UDO and as amended thereafter from time to time.
2. 
The "Zoning Districts Map, Jefferson County, Missouri" is adopted as the official Zoning Map and is hereby made a part of this Article and all notations, references and other information shown on it shall be a part of this Article.
3. 
The official Zoning Map, as adopted by the County Council and subsequently amended from time to time by its action, shall be maintained by the Director.
B. 
Changes To Official Zoning Map.
1. 
Changes due to map amendment. No changes of any nature shall be made to the official Zoning Map, except in conformity with amendments to the map approved by the County Council.
2. 
Changes due to right-of-way vacation. Whenever any street, access easement, alley or public way is vacated by an official action of the County Council, the zoning district adjoining each side of the vacated land shall be automatically extended to the center of the land vacated and all land included in the vacation shall then be subject to the regulations and restrictions of that particular district. The County Council may select a more appropriate zoning district for the property at the time of vacation.
3. 
Notification upon amendment. Following the approval of a Zoning Map amendment by the County Council, the County Clerk shall transmit a copy of the ordinance amending the Zoning Map to the Director who shall cause the official Zoning Map to be amended to show the change.
C. 
Interpretation Of Boundaries.
1. 
The boundaries of the districts, as shown on the official Zoning Map, shall be determined on the basis of the legal descriptions associated with approved zoning petitions or, lacking the legal descriptions, on the basis of the location of the boundary as depicted on the official Zoning Map.
2. 
Where uncertainty exists with respect to the boundaries of districts as shown on the official Zoning Map, the following rules shall apply:
a. 
Unless otherwise indicated, the district boundary lines are centerlines of streets or railroads or the lines extended, property lines or the lines extended, a line lying in the center of a stream or drainage way or the jurisdictional boundaries of Jefferson County.
b. 
Where a district boundary line parallels a street right-of-way or discernible topographic feature, but no dimension is given, the distance shall be scaled from the official Zoning Map.
c. 
Where such uncertainty cannot be resolved by application of the foregoing rules, the Director shall determine the district boundaries.

Section 400.1370 Conformance To Official Master Plan.

[Zoning Order §5.030, 4-2-2008]
In consideration of any application for a zoning amendment, conditional use permit or consideration of a development plan, the Planning and Zoning Commission and the County Council shall determine whether the proposal conforms to the adopted Official Master Plan and any other recognized plans, studies or policies normally utilized by the Planning and Zoning Commission and the County Council in making land use decisions. For any application not in conformance with the Official Master Plan at the time of submittal, the Official Master Plan shall be amended to create conformity prior to the zoning amendment, conditional use permit or development plan being approved by the County.

Section 400.1380 General Requirements Applicable To All Zoning Districts.

[Zoning Order §5.040, 4-2-2008]
A. 
Use Limits. Except as otherwise specifically provided, no building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose other than as permitted in the zoning district in which it is situated or as permitted in an approved development plan.
B. 
Height Or Area Limits. Except as otherwise specifically provided, no building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limits established in the zoning district in which it is situated.
C. 
Reduction Of Yards/Increase In Densities. Except as otherwise specifically provided, no lot area shall be reduced or diminished so that the yards or other open spaces will be smaller than allowed by that zoning district, nor shall the density be increased in any manner that exceeds the applicable district standards or an approved development plan.

Section 400.1390 Development Plan and Allowable Modifications.

[Zoning Order §5.050, 4-2-2008]
A. 
Statement Of Objectives. The County Council may approve a development plan to:
1. 
Permit the use of more flexible land use regulations;
2. 
Provide latitude in the location of buildings, structures, open spaces, play areas, parking, roads, drives and variations in setback and yard requirements;
3. 
Facilitate use of the most advantageous techniques of land development;
4. 
Encourage the combination and coordination of architectural styles, building forms and relationships;
5. 
Encourage the conservation of existing natural resources and maintain the character of the County; and
6. 
Limit specific uses within the underlying zoning district to a particular development plan when it is deemed more appropriate and/or compatible to surrounding uses, proposed or future uses or when deemed to be in the best interest of the community to limit the uses, based on existing and/or proposed traffic conditions and/or concerns and other land use concerns.
B. 
Development Plan Regulations And Requirements.
1. 
Article IV, Section 400.1220 contains requirements for the submission of a development plan.
2. 
A development plan shall establish regulations and restrictions that are in harmony with the general purpose and intent of this UDO, but in a manner that allows the regulations to differ in one (1) or more respects from the zoning regulations that are generally applicable to the underlying zoning district(s).
C. 
Allowable Modifications To District Requirements.
1. 
Modifications in the amount of open space, lot size, buffer zone, yard, parking, play area, density, floor area ratio and height requirements shall be determined by the County Council after recommendation by the Planning and Zoning Commission.
2. 
The County Council shall use the requirements and standards found in the underlying district as a guide in approving modifications from the district requirements and standards. These modifications are granted in the interest of efficient land development and utilization, if it is deemed that amenities or conditions will be gained that are equal or higher in quality.
3. 
Article IV, Section 400.1230, Subsection (E) contains submission requirements for requested modifications to any of the above standard district requirements.

Section 400.1450 Zoning Districts Listed.

[Zoning Order §5.100, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016]
For the purpose of regulating and restricting the use of land or the use of buildings and structures, all land within the unincorporated areas of the County is hereby divided into one (1) of the following districts:
"RA-5"
Rural/Agricultural
"LR-2"
Large Lot Residential
"R-40"
Single-Family Residential
"R-20"
Single-Family Residential
"R-10"
Single-Family Residential
"R-7"
Single-Family Residential
"PR-1"
Planned Single-Family Residential
"PR-2"
Planned Mixed Residential
"NC-1"
Non-Planned Neighborhood Commercial
"CC-2"
Non-Planned Community Commercial
"PC"
Planned Commercial
"PB"
Planned Business Park
"NPI"
Non-Planned Industrial.
"PI"
Planned Industrial
"PM"
Planned Mixed Use

Section 400.1460 Zoning District Conversion Process.

[Zoning Order §5.105, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(5.105), 7-30-2008]
Following is a summary list showing how zoning districts form the Zoning Order dated May 8, 1991 were converted to the zoning districts in this UDO.
Zoning Order Districts
(May 8, 1991)
UDO Zoning Districts
"AR-5" Agricultural
"RA-5"
"RW-3" Rural Woodland
"LR-2"
"RR-2" Rural Residential
"LR-2"
"R-40" Residential
"R-40"
"R-20" Residential
"R-20"
"R-15" Residential
"R-10"
"R-11" Residential
"R-10"
"R-9" Residential
"R-7"
"R-7" Residential
"R-7"
"MFR" Multi-Family
"PR-2"*
"MHP" Manufactured Housing Park
"PR-2"*
"CM-3" Neighborhood Commercial
"NC-1"
"CS-2" Commercial Services
"NC-1"
"CM-1" General Commercial
"CC-2"
"CM-4" Highway Commercial
"CC-2"
"O-1" Office and Research Services
"PB"*
"I-2" Light Industrial
"PB"*
"I" Heavy Industrial
"PI"
"PUD" Planned Unit Development
**
*
When a zone district from the current Zoning Order converts to a Planned District under the new UDO, dimensional regulations that existed in the Zoning Order will be applied to existing platted lots and site developments as the "planned" regulations for that development. The dimensional regulations would include setbacks, height, lot coverage and accessory structures. The regulations that applied at the time the development was approved will be the regulations that apply as the "planned district".
However, when a zone district from the current Zoning Order converts to a Planned District according to the conversion table above, lands not platted or without existing site development at the time the UDO is adopted by the County will follow the Planned District regulations.
**
Because the "PUD" districts include a wide variety of land uses and are a separate zone district, it was not possible to do a straight conversion of all "PUD"s into one (1) specific zone district of the new UDO. "PUD" developments will continue to be zoned as "PUD"s after adoption of the UDO with all of the conditions that applied at the time the "PUD" was originally approved. If at such a time, an owner/applicant wishes to rezone or ask for an amendment of the "PUD", the land will be rezoned into the applicable Planned District of the UDO. If the owner/applicant fails to take action on a preliminary plat/final master development plan of the "PUD", the preliminary plat/final master development plan shall expire in accordance with Article XVI.

Section 400.1470 "RA-5" Rural/Agricultural District.

[Zoning Order §5.110, 4-2-2008]
A. 
Statement Of Intent And Purpose. The "RA-5" Rural/Agricultural District is established to provide areas for agricultural uses, very-low-density residential development and minimize the premature development of land. The "RA-5" District is also established to reduce the impact of urban development on rural areas located outside a sanitary sewer service area. It is also intended to conserve rural character, reduce the demand for urban services and reduce service delivery costs for local government.
B. 
Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
C. 
Height And Area Regulations.
1. 
Density. One (1) residential unit per five (5) acres in the "RA-5" District.
2. 
Lot size and lot width. See Table 5-2 in Section 400.1660.
3. 
Setbacks requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
4. 
Height requirements. See Table 5-4 in Section 400.1680.
5. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Rural design standards are applicable to development in this district. See Article VII.
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.
5. 
Open space conservation and public benefit density consideration design standards are applicable to development in this district. Minimum lot size is one (1) acre. Maximum density is twenty-eight hundredths (0.28) residential units per acre. (See Article VII.)

Section 400.1480 "LR-2" Large Lot Residential District.

[Zoning Order §5.120, 4-2-2008]
A. 
Statement Of Intent And Purpose. The "LR-2" Large Lot Residential District is established to provide rural density single-family detached residential development on two (2) acre minimum lot sizes. The "LR-2" density supports the Official Master Plan by providing multiple housing types and varied lot sizes.
B. 
Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
C. 
Height And Area Regulations.
1. 
Density. One (1) residential unit per two (2) acres in the "LR-2" District.
2. 
Lot size and lot width. See Table 5-2 in Section 400.1660.
3. 
Setback requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
4. 
Height requirements. See Table 5-4 in Section 400.1680.
5. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Unless otherwise determined by the Director based upon considerations of public health, safety and welfare, mixed use design standards are applicable to development in this district. (See Article VII.)
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.
5. 
Open space conservation and public benefit density consideration design standards are applicable to development in this district. Minimum lot size is twenty thousand (20,000) square feet. Maximum density is seven-tenths (0.7) residential units per acre. (See Article VII.)

Section 400.1490 "R-40" Single-Family Residential District.

[Zoning Order §5.125, 4-2-2008]
A. 
Statement Of Intent And Purpose. The "R-40" Single-Family Residential District is established to provide single-family residential development. The "R-40" density supports the goal of the Official Master Plan in providing single-family densities at a maximum of one (1) unit per gross acre, at a relatively low intensity of development but suburban in character. These purposes and intent include the following:
1. 
To provide areas for residences that may receive urban type services.
2. 
To consider the natural features of the land and the relative accessibility of areas proposed for this type of development.
3. 
To promote an efficient pattern of development.
B. 
Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
C. 
Height And Area Regulations.
1. 
Density. One (1) residential unit per one (1) acre in the "R-40" District.
2. 
Lot size and lot width. See Table 5-2 in Section 400.1660.
3. 
Setback requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
4. 
Height requirements. See Table 5-4 in Section 400.1680.
5. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Unless otherwise determined by the Director based upon considerations of public health, safety and welfare, mixed use design standards are applicable to development in this district. (See Article VII.)
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.
5. 
Open space conservation and public benefit density consideration design standards are applicable to development in this district. Minimum lot size is eighteen thousand (18,000) square feet. Maximum density is one and three-tenths (1.3) residential units per acre. (See Article VII.)

Section 400.1500 "R-20" Single-Family Residential District.

[Zoning Order §5.130, 4-2-2008]
A. 
Statement Of Intent And Purpose. The "R-20" Single-Family Residential District is established to provide single-family residential development. The "R-20" density supports the goal of the Official Master Plan in providing single-family densities at a maximum of two (2) units per gross acre in close proximity to existing urban development. This district is designed for areas served by centralized utilities. These purposes and intent include the following:
1. 
To provide areas for residences served by urban type services.
2. 
To provide for a scale of development where natural features such as steep slopes, stream corridors, wetlands or other unique natural resources do not exist but which have characteristics that are more appropriately developed at an intensity permitted by this district.
3. 
To promote an efficient pattern of development.
B. 
Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
C. 
Height And Area Regulations.
1. 
Density. Two (2) residential units per one (1) acre in the "R-20" District.
2. 
Lot size and lot width. See Table 5-2 in Section 400.1660.
3. 
Setback requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
4. 
Height requirements. See Table 5-4 in Section 400.1680.
5. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Unless otherwise determined by the Director based upon considerations of public health, safety and welfare, mixed use design standards are applicable to development in this district. (See Article VII.)
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.
5. 
Open space conservation and public benefit density consideration design standards are applicable to development in this district. Minimum lot size is nine thousand (9,000) square feet. Maximum density is two and eight-tenths (2.8) residential units per acre. (See Article VII.)

Section 400.1510 "R-10" Single-Family Residential District.

[Zoning Order §5.140, 4-2-2008]
A. 
Statement Of Intent And Purpose. The "R-10" Single-Family Residential District is established to provide single-family residential development. The "R-10" density supports the goal of the Official Master Plan in providing single-family densities at a maximum of four (4) units per gross acre in close proximity to existing urban development. This district is designed for areas served by centralized utilities. These purposes and intent include the following:
1. 
To provide for residences that are served by urban type services.
2. 
To provide for a scale of development appropriate for areas where natural features such as steep slopes, stream corridors, wetlands or other unique natural resources do not exist.
3. 
To provide a housing resource for a variety of economic levels.
4. 
To promote an efficient pattern of development.
B. 
Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
C. 
Height And Area Regulations.
1. 
Density. Four (4) residential units per one (1) acre in the "R-10" District.
2. 
Lot size and lot width. See Table 5-2 in Section 400.1660.
3. 
Setback requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
4. 
Height requirements. See Table 5-4 in Section 400.1680.
5. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Unless otherwise determined by the Director based upon considerations of public health, safety and welfare, suburban design standards are applicable to development in this district. (See Article VII.)
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.
5. 
Open space conservation and public benefit consideration design standards are applicable to development in this district. Minimum lot size of six thousand five hundred (6,500) square feet. Maximum density is five and four-tenths (5.4) residential units per acre. (See Article VII.)

Section 400.1520 "R-7" Single-Family Residential District.

[Zoning Order §5.145, 4-2-2008]
A. 
Statement Of Intent And Purpose. The "R-7" Single-Family Residential District is established to provide single-family residential development with a density that is typically referred to as urban in nature. The "R-7" density supports the goal of the Official Master Plan by providing single-family densities at a maximum of five (5) dwelling units per gross acre. This district is designed to allow for the orderly extension of urbanized development. The purposes and intent include the following:
1. 
To provide for residences that are served by urban type services and that have a high degree of access to adequate transportation systems.
2. 
To provide for a scale of development that is appropriate for areas where natural features such as steep slopes, stream corridors, wetlands and other unique natural resources do not exist and that occurs near major activity centers such as shopping or office areas.
3. 
To provide a housing resource for a variety of economic levels.
4. 
To promote an efficient pattern of development.
Accordingly, the following conditions should be present to support an "R-7" zone district for a site:
1.
Location in a primary growth area. Primary growth areas are the locations designated by the preferred growth alternative of the Jefferson County Official Master Plan where any development meeting the stated site criteria in said plan is acceptable.
2.
Existing, centralized water and sewer facilities are available or such services can be extended to the site.
3.
The calculated density that can result on property zoned "R-7" shall not exceed one hundred (100) lots.
4.
The public road system serving the site has the capacity to handle the additional traffic that may be generated by development at the "R-7" density.
B. 
Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
C. 
Height And Area Regulations.
1. 
Density. Five (5) residential units per one (1) acre in the "R-7" District.
2. 
Lot size and lot width. See Table 5-2 in Section 400.1660.
3. 
Setback requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
4. 
Height requirements. See Table 5-4 in Section 400.1680.
5. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Unless otherwise determined by the Director based upon considerations of public health, safety and welfare, suburban design standards are applicable to development in this district. (See Article VII.)
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.

Section 400.1530 "PR-1" Planned Single-Family Residential District.

[Zoning Order §5.150, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(5.150), 11-12-2008]
A. 
Statement Of Intent And Purpose. The "PR-1" Planned Single-Family Residential District is established to provide single-family detached dwellings at higher densities than "R-7" will allow in consideration of providing more usable open space or specific amenities. The "PR-1" District is intended to promote variations to the standard single-family environment, i.e., patio homes, cluster homes and zero (0) lot line placement all in keeping with the detached dwelling environment through the establishment of more common ground/open areas. This district is designed for areas served by centralized utilities.
B. 
Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
C. 
Height And Area Regulations.
1. 
Density. Six (6) residential dwelling units per one (1) acre in the "PR-1" District.
2. 
Lot size. As per plan.
3. 
Lot width. See Table 5-2 in Section 400.1660.
4. 
Setback requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
5. 
Height requirements. See Table 5-4 in Section 400.1680.
6. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Unless otherwise determined by the Director, mixed use design standards are applicable to development in this district. (See Article VII.)
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.

Section 400.1540 "PR-2" Planned Mixed Residential Use District.

[Zoning Order §5.160, 4-2-2008]
A. 
Statement Of Intent And Purpose. The "PR-2" Planned Mixed Residential Use District is established to provide opportunities for high-density mixed residential use development from single-family to multi-family dwellings units with a variety of formats and densities. The plan for this district should be designed to create a transition from more intense mixed uses to less intense mixed uses. While providing for a wide range of dwelling types, the "PR-2" District may also be appropriate in large scale mixed use developments. This district is designed for areas served by centralized utilities.
B. 
Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
C. 
Height And Area Regulations.
1. 
Density. Eighteen (18) residential units per acre in the "PR-2" District.
2. 
Lot size. As per plan.
3. 
Lot width. See Table 5-2 in Section 400.1660.
4. 
Setback requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
5. 
Height requirements. See Table 5-4 in Section 400.1680.
6. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Unless otherwise determined by the Director, mixed use design standards are applicable to development in this district. (See Article VII.)
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.

Section 400.1550 "NC-1" Non-Planned Neighborhood Commercial District.

[Zoning Order §5.170, 4-2-2008]
A. 
Statement Of Intent And Purpose. The Non-Planned Neighborhood Commercial District established by this Order is designed to promote commercial development that provides services and products of value to the residents in the immediate vicinity while providing a high standard of protection for adjoining and surrounding residential uses. The purposes and intent include the following:
1. 
To provide sufficient space in appropriate locations for neighborhood-oriented commercial services and products.
2. 
To provide for non-residential areas where traffic generation and the size of use may be appropriate for locations near concentrations of residential uses.
3. 
To protect adjoining uses from fire, noise, glare and other similar impacts.
4. 
To protect logical neighborhood commercial areas from impacts such as high traffic volumes, noise and vibration.
B. 
Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
C. 
Height And Area Regulations.
1. 
FAR (floor area ratio), density and lot width. See Table 5-2 in Section 400.1660.
2. 
Setback requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
3. 
Height requirements. See Table 5-4 in Section 400.1680.
4. 
Exception to the maximum height requirements is contained in Section 400.1690.
5. 
Due to the "neighborhood" scale of this district, buildings containing retail sales and services that range in size from one thousand (1,000) to ten thousand (10,000) square feet are most appropriate.
D. 
Performance And Design Standards.
1. 
Design standards are applicable to development in this district. All development must be in accordance with suburban or mixed use design standards. (See Section 400.2170.) The Official Master Plan shall serve as a guide to which design standards apply in a particular development pattern.
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.
5. 
Neighborhood-oriented office development that generates pedestrian activity shall be located on ground-floor levels in the "NC-1" District. Office uses that do not create the same level of street activity or do not have a need for high visibility shall be located on the second (2nd) or above floors or in space to the rear of the retail buildings.

Section 400.1560 "CC-2" Non-Planned Community Commercial District.

[Zoning Order §5.180, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(5.180), 7-30-2008]
A. 
Statement Of Intent And Purpose. The Non-Planned Community Commercial District established by this Order is designed to promote commercial development that provides for service-oriented commercial activities. The purposes and intent include the following:
1. 
To provide sufficient space in appropriate locations that have appropriate levels of accessibility for service-oriented commercial activities.
2. 
To provide for non-residential area where traffic generation and the size of the use may be appropriate for locations near residential uses.
3. 
To protect adjoining uses from fire, noise, glare and other similar impacts.
4. 
To protect logical commercial services areas from adverse impacts such as noise, vibration and traffic associated with general retail, warehousing and industrial uses.
5. 
To provide for a district designation appropriate for limited commercial uses in accordance with the Jefferson County Official Master Plan.
B. 
Uses.
1. 
Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
2. 
Apartment, town house or loft development is considered appropriate in the "CC-2" District, if planned as a part of the overall development.
C. 
Height And Area Regulations.
1. 
FAR (floor area ratio), density and lot width. See Table 5-2 in Section 400.1660.
2. 
Setback requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
3. 
Height requirements. See Table 5-4 in Section 400.1680.
4. 
Exception to the maximum height requirements is contained in Section 400.1690.
5. 
No structure shall exceed twenty thousand (20,000) square feet in size.
D. 
Performance And Design Standards.
1. 
Design standards are applicable to development in this district. All development must be in accordance with suburban or mixed use design standards. (See Section 400.2170.) The Official Master Plan shall serve as a guide to which design standards apply in a particular development pattern.
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.

Section 400.1570 "PC" Planned Commercial District.

[Zoning Order §5.190, 4-2-2008]
A. 
Statement Of Intent And Purpose. The "PC" Planned Commercial District is established to provide a location for a full range of retail and office development serving the general needs of the community. The "PC" Planned Commercial District is not considered appropriate for heavier commercial uses that border on being light industrial in nature and thus more appropriate for the "PB" or "PI" District. It is the intent of the "PC" Planned Commercial District to promote site design that improves the benefits derived from the required landscaping and the overall image of the commercial corridor.
B. 
Uses.
1. 
Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
2. 
Apartment, town houses or loft development is considered appropriate in the "PC" Planned Commercial District, if planned as a part of the overall development.
C. 
Height And Area Regulations.
1. 
FAR (floor area ratio), density and lot width. See Table 5-2 in Section 400.1660.
2. 
Setback requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
3. 
Height requirements. See Table 5-4 in Section 400.1680.
4. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Design standards are applicable to development in this district. (See Section 400.2170.)
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.

Section 400.1580 "PB" Planned Business Park District.

[Zoning Order §5.200, 4-2-2008]
A. 
Statement Of Intent And Purpose. The "PB" Planned Business Park District is established to provide for a mix of offices including administration and professional offices, sales, distribution, warehouse and related services. General retail sales are not allowed without supporting office and/or distribution services. Services are allowed that would support other businesses within the park.
B. 
Uses.
1. 
Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
2. 
Uses within the "PB" District are similar in nature to light industrial uses, but without exterior display or storage. All activity is conducted totally inside with the exception of loading and unloading docks or areas that are screened from view.
C. 
Height And Area Regulations.
1. 
FAR (floor area ratio), density and lot area/width. See Table 5-2 in Section 400.1660.
2. 
Setback requirements, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
3. 
Height requirements. See Table 5-4 in Section 400.1680.
4. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Design standards are applicable to development in this district. (See Article VII.)
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.

Section 400.1590 "PI" Planned Industrial District.

[Zoning Order §5.210, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(5.210), 7-30-2008]
A. 
Statement Of Intent And Purpose. The "PI" Planned Industrial District is established to provide for a broad range of industrial and commercial uses with restrictions on noxious odors, dust, fumes, gas, noise or vibration.
B. 
Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions and conditional uses are contained in Table 5-1 in Section 400.1650.
C. 
Height And Area Regulations.
1. 
The minimum size for a Planned Industrial development shall be as established on the approved development plan. FAR (floor area ratio), density and lot area/width: See Table 5-2 in Section 400.1660.
[Ord. No. 20-0406, 9-29-2020]
2. 
Setback regulations, including minimum front yard, side yard and rear yard standards. See Table 5-3 in Section 400.1670.
3. 
Height requirements. See Table 5-4 in Section 400.1680.
4. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Design standards are applicable to development in this district. (See Article VII.)
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.
5. 
Outside storage of materials is permitted on the site if stored in an orderly fashion or rows or stacks.
6. 
Physical appearance. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are screened from view.
7. 
Performance standards.
a. 
Fire hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with the latest edition of the applicable local fire code published by the International Code Council and applicable codes and ordinances.
b. 
Noise. No operation shall be carried on that involves noise in excess of the normal traffic noise of the adjacent street at the time of the daily peak hour of traffic volume. Noise shall be measured at the property line and when the level of this noise cannot be determined by observation with the natural senses, a suitable instrument may be used and measurement may include breakdowns into a reasonable number of frequency ranges. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness.
c. 
Sewage and other liquid waste. No operation shall be carried on which involves the discharge into a sewer, watercourse or the ground of liquid wastes of any radioactive nature or liquid waste of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.
d. 
Air contaminants. No operation shall be carried on which involves air discharges in excess of air quality standards for Jefferson County and shall obtain any necessary permits from the Missouri Department of Natural Resources.
e. 
Storm water. Land disturbance activities shall follow storm water management best management practices to prevent and reduce the discharge of pollutants directly or indirectly into storm water.
f. 
Odor. Odor-causing operations shall be controlled so as to reduce escape of odors to the minimum practical within the limits of reasonable technology and economics.
g. 
Vibration. All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall vibration exceed a displacement of three-thousandths (0.003) of an inch measured at the property line. Vibration shall not be so excessive that it interferes with industrial operations on nearby lots.
h. 
Heat. No heat from furnaces or processing equipment shall be sensed at the property line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit (5°F).
i. 
Hazardous materials. Operations involving the storage or use of hazardous materials in reportable quantities, as classified by the Environmental Protection Agency (EPA), shall obtain any necessary permits from the fire district(s) and make improvements to the building and grounds required by the International Fire Code 2003 or more recent version.

Section 400.1600 "PM" Planned Mixed Use District.

[Zoning Order §5.220, 4-2-2008]
A. 
Statement Of Intent And Purpose. The "PM" Planned Mixed Use District is established to permit the most efficient use of land that combines a variety of commercial, office, residential and public uses. The district is designed to have uses that are centrally located and compact so that maximum convenience is afforded the users and occupants of the district. The purposes and intent of the "PM" Planned Mixed Use District include the following:
1. 
Intent.
a. 
To allow greater flexibility in development standards (lot coverage, setbacks, building heights, lot sizes, etc.) to facilitate adaptation of development to the unique conditions of a particular site, while providing higher standards of site design and building design, a high level of environmental sensitivity and more satisfying living and working environments than can be achieved under the standards of other zoning districts.
b. 
To promote a streetscape that encourages buildings to be moved forward adjacent to the front yard setback line or adjacent to the required landscape improvements.
c. 
To encourage pedestrian friendly development.
d. 
Permit a mixture of uses that, with proper design and planning, will be compatible with each other and with surrounding uses or zoning districts.
2. 
Applicability. An area may be considered for rezoning to "PM" District if any one (1) of the following conditions exist:
a. 
More than one (1) land use or land use intensity is proposed for development on a single parcel, where only a single use is permitted under other zoning classifications; or
b. 
Different land uses that would not otherwise be permitted to locate within the same zoning district are proposed for development on one (1) or more adjacent parcels under single or separate ownership.
B. 
Uses.
1. 
Residential uses.
a. 
Characteristics.
(1) 
The "PM" District may allow for a more flexible placement, arrangement and orientation of residential structures, with accompanying flexibility in the subdivision of land and the grouping of open space and accessory facilities such as garages and parking.
(2) 
The "PM" District also may provide for a mixture of housing types (single-family, two-family, multi-family) according to a plan.
(3) 
The proposed residential development should incorporate natural features.
b. 
General requirements. The following special items shall be included in the final development plan application:
(1) 
The proposed architectural style and the location of all duplex and multi-family structures shall be indicated; and
(2) 
If development standards (lot coverage, setbacks, building heights, lot sizes) are not specifically proposed by the applicant or specific standards are not established by the County Council at the time of approval, then the plan shall be returned to the applicant for clarification or the applicable standards of the "R-10" District shall apply.
2. 
Office uses.
a. 
Characteristics. The "PM" District may contain office and institutional uses compatible with the surrounding area.
b. 
Requirements. If development standards (lot coverage, setbacks, building heights, lot sizes) are not specifically proposed by the applicant or specific standards are not established by the County Council at the time of approval, then the plan shall be returned to the applicant for clarification or the applicable standards of the "PB" District shall apply.
3. 
Commercial uses.
a. 
Characteristics. The "PM" District may provide for maximum attainable commercial usage of property while ensuring development consistent with the adopted County long-range plans.
b. 
Requirements. If development standards (lot coverage, setbacks, building heights, lot sizes) are not specifically proposed by the applicant or specific standards are not established by the County Council at the time of approval, then the plan shall be returned to the applicant for clarification or the applicable standards of the "PC" District shall apply.
4. 
Industrial uses.
a. 
Characteristics. The "PM" District may contain land designated for a single industrial use or for multiple but compatible industrial uses in an industrial park.
b. 
Requirements. If development standards (lot coverage, setbacks, building heights, lot sizes) are not specifically proposed by the applicant or specific standards are not established by the County Council at the time of approval, then the plan shall be returned to the applicant for clarification or the applicable standards of the "PI" District shall apply.
C. 
Height And Area Regulations. Densities, lot sizes, structure heights and structure setbacks are established as part of the zoning approval for each particular "PM" zoning approval. The maximum structure height requirements applicable to this district are found in Table 5-4 in Section 400.1680.
D. 
Performance And Design Standards.
1. 
Design standards are applicable to development in this district. (See Article VII.) Standards are established in the zoning approval for the "PM" development.
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering and tree protection. See Article XIV.
5. 
Minimum site requirements.
a. 
The minimum size for a Planned Mixed Use development shall be as established on the approved development plan.
[Ord. No. 20-0406, 9-29-2020]
b. 
The site shall access a public street.
6. 
Open space.
a. 
Maintenance agreement. See Article XVI.
b. 
The landowners shall establish an organization for ownership and maintenance of common open space. The conditions of any transfer shall conform to the approved development plan. At the time of approval of the final subdivision plat or the final development plan, the applicant shall provide a description (in narrative form) of the ownership and maintenance organization and copies of any covenants, restrictions, bylaws and agreements proposed. The maintenance organization shall include a copy of the articles of incorporation in the development plan application.
c. 
The Director may stipulate additional provisions for minimum widths and areas, interconnection, desirable features, uses of open space and access to open space. The Director shall ensure that land counted as open space incorporates usable open areas for occupants of the development and that it enhances the value of the area.

Section 400.1610 "NPI" Non-Planned Industrial District.

[Ord. No. 16-0100 §2, 1-4-2016]
A. 
Statement Of Intent And Purpose. The "NPI" Non-Planned Industrial District is established and designed to promote intensive commercial or light industrial development in areas with an appropriate level of accessibility and separation from incompatible uses. This district is also designed to promote and protect the health, safety, morals, convenience, order, prosperity, and other aspects of the general welfare. The purposes and intent of the "NPI" Non-Planned Industrial District include:
1. 
To provide sufficient space in appropriate locations for intensive uses that would be undesirable close to residential and community oriented uses.
2. 
To accommodate a higher intensity of traffic generation in an appropriate location remote from residential and general retail areas.
3. 
To protect logical light industrial uses from adverse impacts such as noise, vibration, and traffic associated with general retail and heavier industrial uses.
4. 
To provide for a distinct designation appropriate for low to medium intensity industrial uses that are not required to be specified and approved as part of a development plan.
B. 
Uses. Permitted principal and accessory uses, uses permitted as of right but with conditions, and conditional uses are contained in Table 5-1 in Section 400.1650.
C. 
Height And Area Regulations.
1. 
FAR, density, and lot width. See Table 5-2 in Section 400.1690.
2. 
Setback requirements including minimum front yard, side yard, and rear yard standards. See Table 5-3 in Section 400.1670.
3. 
Height requirements. See Table 5-4 in Section 400.1680.
4. 
Exception to the maximum height requirements is contained in Section 400.1690.
D. 
Performance And Design Standards.
1. 
Design standards are applicable to development in this district including suburban and industrial design standards. See Article VII.
2. 
Parking regulations. See Article XII.
3. 
Sign regulations. See Article XIII.
4. 
Landscaping, buffering, and tree protection. See Article XIV.
5. 
Outside storage of materials must be located in the rear yard and enclosed in a sight proof fence at least six (6) feet in height.

Section 400.1630 Other Applicable Regulations.

[Zoning Order §5.260, 4-2-2008]
A. 
The following Sections or articles further regulate uses within each zoning district, the requirements of which shall be satisfied as applicable to any proposed development.
B. 
Historic Districts. Applicable standards regulating development in or near historical districts are contained in Article VI, Historical Preservation and Restoration.
C. 
Design Standards. Applicable design standards are contained in Article VII (Development Design Standards).
D. 
Accessory Uses And Uses Permitted With Conditions. Applicable standards regulating accessory uses and uses permitted with conditions are contained in Article VIII (Accessory Uses and Structures) and Article IX (Conditional Use Permits and Uses Permitted with Conditions).
E. 
Conditional Use Permits. For any use listed as a conditional use in Table 5-1, applicable standards regulating uses subject to conditional use permits are contained in Article IX (Conditional Use Permits and Uses Permitted with Conditions).
F. 
Parking Requirements. Applicable standards regulating parking are contained in Article XII (Vehicle Parking and Loading).
G. 
Sign Regulations. Applicable standards regulating signs are contained in Article XIII (Signs).
[Ord. No. 16-0100 §2, 1-4-2016]
H. 
Landscaping, Buffering And Tree Protection. Applicable regulations regulating landscaping, buffering and tree protection are contained in Article XIV (Landscaping, Buffers, Tree Protection and Tree Restoration).

Section 400.1640 Permitted Uses, Uses With Conditions and Conditional Uses Tables.

[Zoning Order §5.270, 4-2-2008]
A. 
Uses that are permitted by right or permitted by right but with conditions and uses permitted as a conditional use are shown on Table 5-1.
B. 
In a "PM" District, permitted uses are specified as part of the zoning approval for each development.
C. 
Any use not shown as a permitted use in a zoning district is specifically prohibited in that district. If a use cannot be located on Table 5-1, the use shall be allowed in a zone district that permits a materially similar use. To determine materially similar uses, the Director shall refer to the North American Industry Classification Manual (Executive Office of the President, Office of Management and Budget, 1997 or most recent), hereafter "NAICS". The use shall be considered materially similar if it falls within the same industry group of the NAICS (four (4) digit number given with each use listed).
D. 
Uses that are not permitted in the "PM" District pursuant to Table 5-1 may be allowed by the County Council when it is determined that a better overall development plan can be achieved.

Section 400.1650 Zoning Matrix.

[Zoning Order §5.280, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(5.280)(Art. 9 §9.590), 7-30-2008; Ord. No. 11-12-2008A §§1 — 2(9.210), 11-12-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 16-0100 §2, 1-4-2016; Ord. No. 19-0418, 9-9-2019; Ord. No. 20-0406, 9-29-2020; Ord. No. 23-0177, 3-30-2023; Ord. No. 26-0203, 4-27-2026]
The Zoning Matrix Table, Table 5-1, follows:
Table 5-1
Zoning Matrix Table
(H) = Home occupation
P = Use permitted by right
CU = Conditional use (see Article IX)
XC = Approved plan with conditions
PC = Permitted with conditions (Section 400.3470)
X = Per approved plan
* = Indoor only
** Outdoor only
RA-5
LR-2
R-40
R-20
R-10
R-7
PR-1
PR-2
NC-1
CC-2
PC
PB
NPI
PI
PM
Agriculture
Agriculture operation
P
P
P
PC
PC
X
X
X
X
X
X
Agriculture-related feeding or disposal including CAFO
CU
Blacksmith
PC
PC
P
X
X
X
Horse riding stable or track (commercial)
P
P
X
X
Marijuana cultivation facility
PC**
PC**
PC**
X*
X*
PC*
X*
Plant nursery, greenhouse (commercial)
P
P
P
X
X
Private stables
P
P
P
X
X
X
Viticulture (growing/making)
P
P
P
X
Residential
Caretaker cottage (business related)
P
P
P
X
X
X
X
Convalescent, nursing or retirement home
CU
CU
CU
X
CU
X
X
Dwelling, single-family detached (including "double-wides")
P
P
P
P
P
P
X
X
CU
CU
X
X
Dwelling, two-family
P
P
P
PC
PC
PC
X
X
X
Dwelling, three-family
X
X
X
Dwelling, four-family
X
X
X
Dwelling, loft (mixed use)
P
X
X
Dwelling, multi-family
X
X
Group home for persons w/disabilities, hospice or special care
CU
CU
CU
X
CU
X
X
Halfway house
CU
CU
CU
X
Long-term care or treatment facility for persons w/disabilities
CU
CU
CU
X
CU
X
X
Manufactured home park
X
X
Manufactured home ("single-wide")
P
P
Modular unit
P
P
P
P
P
P
X
X
Mother-in-law cottage/guest cottage
P
P
P
X
X
X
Timeshare condominium, including phases over time
X
X
X
X
Offices
Accounting, auditing or bookkeeping office(H)
P
P
X
X
P
X
Advertising agency(H)
P
P
X
X
P
X
Brokerage for securities or commodities(H)
P
P
X
X
P
X
Building contractor or construction contractor firm/office (no outdoor machinery, equipment or storage)
P
P
X
X
P
X
Business office, general
P
P
X
X
P
X
Business office, professional or trade organization(H)
P
P
X
X
P
X
Employment or personnel agency(H)
P
P
X
X
P
X
Engineering, architectural or other professional office(H)
P
P
X
X
P
X
Financial services(H)
P
P
X
X
P
X
Insurance company or carrier(H)
P
P
X
X
P
X
Legal services office(H)
P
P
X
X
P
X
Management and public relations service(H)
P
P
X
X
P
X
Medical or dental office(H)
P
P
X
X
P
X
Political organization office(H)
P
P
X
X
P
X
Real estate office(H)
P
P
X
X
P
X
Research services
P
P
X
X
P
X
Secretarial or court reporting service
P
P
X
X
P
X
Retail Sales and Services
Adult business
XC
Adult entertainment business
XC
Adult personal services
XC
X
Agricultural sales and services/feed and farm supplies (no heavy equipment)
PC
PC
P
X
X
Apparel and accessory stores
P
X
X
Appliance/electronic repair service(H)
PC
P
X
X
P
X
Appliance store (sales and service)
P
X
X
P
X
Arts and crafts studio(H)
P
P
X
X
Auction (non-automotive)
PC
PC
PC
X
X
Auction (automotive)
X
X
Audio/video sales and rentals
PC
P
X
X
Automotive parking garage or lot
X
P
X
X
X
X
Automotive parts and supply store
P
X
X
X
X
Automotive rental agency
P
X
X
X
Automotive repair services major repairs
PC
X
X
P
X
X
Automotive service station minor repairs
CU
PC
X
X
Automotive sales or lease
P
X
X
X
Automotive service station - no repairs (with or without C-store)
P
X
X
X
Automotive convenience store (C-store) (no fuel or repair)
P
P
X
X
X
Automotive tire store
PC
X
P
X
X
Automotive upholstery shop (see repair services in Article 9)
P
X
X
Bakery (retail)
P
P
X
X
Banquet facilities
P
X
X
X
Bar/tavern
PC
P
X
X
X
Barbershop(H)
P
P
X
X
Beauty shop(H)
P
P
X
X
Beauty supplies store(H)
P
X
X
Bed and breakfast inn (4 – 12 rooms)
P
P
X
X
PC
P
X
X
Bed and breakfast homestay (1 – 3 rooms) – residential
P
P
P
X
X
PC
P
X
X
Bicycle shop
PC
P
X
X
Boarding or lodging house
CU
CU
X
P
X
X
Billboard
X
X
X
X
Boat dealers
X
X
X
Boats, recreation vehicles and maintenance equipment storage
CU
CU
X
PC
X
X
Bookstore, news dealers and newsstands
P
P
X
X
Brewery/Distillery
X
X
X
X
Building or ground maintenance – landscaping
CU
PC
X
X
P
X
X
Bus terminal
X
X
X
X
Business, office supplies and equipment
P
P
X
X
X
Business or vocational school – for profit
P
X
X
P
X
X
Camera and photographic supply stores
P
P
X
X
Car wash, full service indoor
P
X
X
Car wash, self service bays
PC
P
X
X
Catalog sales and direct selling office
P
X
X
Catering service(H)
P
P
X
X
X
Commercial art or graphic design service(H)
P
P
X
X
X
Composting facility for yard waste ("RA-5", "LR-2")
CU
CU
X
Computer or computer software store(H)
P
X
X
X
Computer programming repair or data processing service(H)
P
X
X
X
Conference center
P
X
X
P
X
X
Construction materials sales and services
X
X
P
X
X
Country club
CU
CU
CU
X
X
Custom order shop(H)
P
P
X
X
Dance club
P
X
X
Dance studios or schools
P
P
X
X
Day care center (over 10 persons)
PC
PC
PC
CU
CU
CU
CU
CU
PC
P
X
X
X
Day care, group (5 - 10 persons)(H)
P
P
X
X
Direct mail advertising service
P
X
X
X
Drug store (pharmacy)
PC
P
X
X
X
Dry cleaners
PC
P
X
X
X
Electronic equipment sales or service
P
X
X
Equipment rental - includes all motorized equipment not listed elsewhere
X
P
X
X
Equipment sales, rental and service (heavy)
X
X
P
X
X
Escort services/agency
X
Exterminating services
P
P
X
X
P
X
X
Florist, flower shop(H)
P
P
X
X
X
Freight agency or shipping coordinator
X
X
P
X
X
Funeral home services
P
X
X
X
Furniture and equipment store lease/rental
P
X
P
X
Gaming facility
P
X
X
X
X
Garden center (no heavy equipment)
P
X
X
P
X
X
General merchandise store
P
X
X
X
Gift, novelty or souvenir shop
P
X
X
Golf course (with or without driving range) including clubhouse
PC
PC
PC
PC
X
X
X
X
Golf driving range (commercial) or illuminated (non-commercial)
X
X
P
X
Golf, miniature (outdoor)
P
X
X
Grocery store
PC
P
X
X
X
Gun repair and sales(H)
P
P
X
Hardware store (general)
PC
P
X
X
Health club or fitness center
PC
P
X
X
X
Hobby, toy and game shop(H)
P
P
X
X
Home furniture and furnishings store
P
X
X
Hospital
X
X
X
X
Hotel or motel
P
X
X
X
Indoor gun, skeet or trap shoot or archery range
P
X
X
P
X
X
Interior designer
P
P
X
X
Internet based home business(H)
Jewelry store and repair(H)
P
P
X
X
Kennel (commercial) (with outside runs)
PC
PC
P
X
X
Laundry, dry cleaning or garment services and laundromats
X
P
P
X
X
P
X
X
Limousine/taxi service
P
X
X
X
Linen and diaper services
P
X
X
X
Liquor store
PC
P
X
X
LP gas or fuel oil sales
X
X
P
X
X
Luggage or leather goods store
P
X
X
Manufactured home sales
P
X
P
X
X
Massage facility(H)
P
X
X
Marijuana dispensary facility
PC
X
X
Microbrewery/Microdistillery
PC
X
X
X
Mini-storage/mini-warehouse facility
CU
CU
X
X
P
X
X
Motorcycle sales, rental or service (no outdoor display)
P
X
X
X
Musical instrument store
PC
P
X
X
Outdoor gun, skeet or trap shool, or archery range
CU
CU
X
Outlet store
P
X
Paint or wallpaper store (retail)
P
X
X
Pawnshop
P
X
X
Personal enrichment school or tutoring(H)
P
X
X
X
Pet day care (with outside runs)(H)
PC
PC
PC
X
X
Pet/animal grooming and/or training(H)
P
X
X
Photocopying and duplicating services(H)
PC
P
X
X
X
X
Photography service(H)
P
P
X
X
X
Plumbing and heating equipment dealers
P
X
X
P
X
X
Produce stand outdoor (off-site), Farmers' Market, Food Trucks
P
P
X
X
P
X
X
Recording studio(H)
P
X
X
X
Recreation facility or area (indoor) – commercial
P
X
X
P
X
Recreation facility or area (outdoor) – commercial or paintball facility
CU
CU
CU
X
X
X
Recreation vehicle sales, lease or rental
P
X
P
X
X
Recreational vehicle park
CU
CU
X
X
X
Restaurant – carry-out
P
X
X
P
X
Restaurant – delivery
P
X
X
P
X
Restaurant – drive-in
P
X
X
P
X
Restaurant – drive-through
P
X
X
P
X
Restaurant – drive-up
P
X
X
P
X
Restaurant – general
P
P
X
X
P
X
Restaurant – limited
P
P
X
X
P
X
Reupholstery or furniture repair shop
P
X
P
X
Sewing, needlework or fabric store(H)
PC
P
X
X
Shoe repair shop(H)
P
P
X
X
Specialty food store
P
P
X
X
X
Sporting goods store
P
X
X
P
X
Stationery store(H)
PC
P
X
X
Tattoo parlor/permanent cosmetic services/body piercing studio
P
X
X
X
Television or radio broadcast station
X
X
P
X
X
Theatre (except drive-in)
P
X
X
Theatre, drive-in
CU
CU
X
X
Theatre, performing arts
PC
X
X
X
Travel agency or tour operator
P
P
X
X
X
Truck wash
X
P
X
Truck sales and lease
X
X
X
Used merchandise store - indoor-(excluding pawnshops)
P
X
X
Used merchandise store - outdoor
X
X
Veterinarian(H)
PC
P
X
X
Wineries – on-premise consumption/food/reception
CU
CU
P
X
X
Manufacturing, Industrial, Transportation and Storage
Apparel and other fabric products
X
P
X
X
Asphalt plant/concrete batch plant
CU
CU
X
X
Asphalt plant/concrete batch plant/rock crushing (temporary)
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
X
PC
Aviation field, airport and heliport (private and commercial)
PC
PC
X
X
X
X
Bakery (wholesales)
X
X
P
X
X
Bottling works
X
X
Cement, lime, gypsum and plaster of Paris manufacture
X
X
Chemical and allied products
X
X
Computer equipment
X
P
X
X
Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services (to include "Data Centers")
X
X
Construction contractor (w/machinery, equipment and storage)
PC
PC
PC
X
PC
X
X
Electronic equipment and components
X
P
X
X
Fabricated metal products
X
X
Food and kindred products
X
X
Furniture and fixtures
X
P
X
X
Garbage processing facility
X
X
Landfill sanitary and demolition
X
X
Leather products (not including tanning and finishing)
X
X
Marijuana-infused products manufacturing facility
PC
X
X
PC
X
Marijuana testing facility
X
X
PC
X
Marijuana transportation facility
PC
X
X
PC
X
Mining
CU
CU
X
X
Miscellaneous manufacturing industries
P
X
X
Office/warehouse
P
X
X
P
X
X
Precision instruments
X
P
X
X
Printing and publishing
X
X
P
X
X
Railroad lines, yards or station
P
P
P
P
P
P
X
X
P
P
X
X
P
X
X
Recycling facility
X
P
X
X
Research service and laboratory
X
X
P
X
X
Rubber and plastics products
X
X
Salvage, scrap, junk and automobile wrecking yards
X
X
Sawmill
CU
CU
P
Sign manufacture
X
X
P
X
X
Solid waste transfer station
CU
CU
X
X
Stone, clay, glass and concrete products
X
P
X
X
Tow lot
X
P
X
X
Transportation equipment
X
X
Trucking and courier service
X
P
X
X
Underground storage
CU
CU
X
X
Warehousing and distribution
X
P
X
X
Welding repair shop(H)
X
X
P
X
X
Semi-Public Uses and Utilities
Cemetery, mausoleum or crematory
P
P
P
PC
PC
PC
X
X
Church or place of worship
P
P
P
P
P
P
X
X
P
P
X
X
P
X
X
Civic and fraternal clubs, lodges and social buildings
P
P
P
X
X
PC
P
X
X
Emergency service stations (ex: fire and ambulance)
P
P
P
P
P
P
X
X
P
P
X
X
X
X
Governmental administration building
P
P
P
P
P
P
X
X
P
P
X
X
P
X
X
Library
P
P
P
P
P
P
X
X
P
P
X
X
P
X
X
Museum or art gallery
P
P
P
P
P
P
X
X
P
P
X
X
P
X
X
Penal or correctional institution
CU
X
X
Post office
P
P
P
P
P
P
X
X
P
P
X
X
P
X
X
Recreational facility or area (non-commercial)
P
P
P
P
P
P
X
X
P
P
X
X
P
X
X
Recreational lake
PC
PC
X
X
X
Recreational retreat
PC
PC
X
X
X
School, public and/or nonprofit (K-12 and universities)
P
P
P
P
P
P
X
X
P
P
X
X
P
X
X
Sewage treatment facility
P
P
P
P
P
P
X
X
P
P
X
X
P
X
X
Swimming pool (commercial) outdoor
X
X
X
Telecommunication tower/antenna mount
CU
CU
CU
CU
CU
CU
XC
XC
CU
CU
XC
XC
P
XC
XC
Utility building and services
P
P
P
P
P
P
X
X
P
P
X
X
P
X
X
Water supply reservoir or storage facility
P
P
P
P
P
P
X
X
P
P
X
X
P
X
X
Accessory uses (see Article VIII)

Section 400.1660 Maximum Density, Minimum Lot Size, Minimum Lot Width.

[Zoning Order §5.290, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(5.290), 7-30-2008; Ord. No. 16-0100 §2, 1-4-2016]
Every property upon which a principal use may be located shall meet or exceed the following requirements for its respective zoning district:
Table 5-2. Density, Minimum Lot Sizes, Lot Width
Zoning District
Maximum Density*
Minimum Lot Size
(per unit)
Minimum Lot Width Major Streets**
Minimum Lot Width Other Streets
"RA-5"
1 unit/5 acres
5 acres
150 feet
50 feet
"LR-2"
1 unit/2 acres
2 acres
150 feet
50 feet
"R-40"
1 unit/1 acre
40,000 sf
50 feet
50 feet
"R-20"
2 units/acre
20,000 sf
50 feet
50 feet
"R-10"
4 units/acre
10,000 sf
50 feet
50 feet
"R-7"
5 units/acre
7,000 sf
50 feet
50 feet
"PR-1"
6 units/acre
AP
AP
AP
"PR-2"
18 units/acre MF
AP
AP
AP
"NC-1"
Max. 0.4 FAR
5,000 sf
70 feet
50 feet
"CC-2"
Max. 0.55 FAR
20,000 sf
115 feet
100 feet
"PC"
Max. 0.55 FAR
NA
AP
AP
"PB"
Max. 0.65 FAR
20,000 sf
AP
AP
"NPI"
Max. 0.65 FAR
20,000 sf
115
100
"PI"
Max. 1.0 FAR
AP
AP
AP
"PM"
Densities and lot sizes established as part of zoning approval for each development
AP
AP
AP
*
FAR — floor area ratio; ratio of building square footage to lot square footage.
**
Major streets include interstates, arterials and collectors (major and minor), local County roads and proposed 4-lane streets
NA
Not applicable
AP
Per approved plan
sf
Square feet
MF
Multi-family
Lot widths and setbacks may be reduced if open space conservation and density design standards are met. These are found in Article VII.

Section 400.1670 Minimum Building Setbacks.

[Zoning Order §5.300, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(5.300), 7-30-2008; Ord. No. 11-12-2008A §§1 — 2(5.300), 11-12-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 16-0100 §2, 1-4-2016]
All buildings on a lot shall be set back from the street right-of-way lines (property lines) or the edge of the access easement, not less than the distances shown in Table 5-3. The measurement shall be taken at the right-of-way line or the edge of an access easement, whichever is more restrictive. Note: minimum distance between detached buildings is dependent upon the International Fire Code.
Table 5-3. Minimum Building Setbacks (as measured from the foundation wall)
Zoning District
Front Yard*
Side Yard++
Rear Yard
Major Street**
County-maintained Streets
All Other Streets
"RA-5", "LR-2"
100 feet or as established by existing homes on the same side of street
65 feet or as established by existing homes on the same side of street
25 feet or as established by existing homes on the same side of street
20 feet
50 feet
"R-40"
70 feet or as established by existing homes on the same side of street
50 feet or as established by existing homes on the same side of street
25 feet or as established by existing homes on the same side of street
10 feet
50 feet
"R-20", "R-10", "R-7"
50 feet
35 feet
25 feet
6 feet
30 feet
"PR-1"
35 feet
35 feet
25 feet
6 feet
30 feet
"PR-2"
35 feet
35 feet
15 feet
6 feet
10 feet
"NC-1"
20 feet
5 feet
20 feet
"CC-2"
20 feet
10 feet
20 feet
"PC"
20 feet
20 feet
15 feet
15 feet
20 feet
"PB"
20 feet
15 feet, 10 feet for interior lot lines
20 feet
"NPI"
20 feet
15 feet, 10 feet for interior lot lines
30 feet
"PI"
20 feet
20 feet
60 feet
"PM"
Setbacks established as part of zoning approval for each planned development
*
Front yard setback may be reduced by 5 feet if garage is accessed from alley. Corner lots shall have 2 front yard setbacks and 2 side yard setbacks.
**
Major streets include interstates, arterials and collectors (major and minor) and proposed 4-lane streets.
++
Not applicable for town houses, except for end units.
AP
Per approved plan

Section 400.1680 Maximum Structure Heights.

[Zoning Order §5.310, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016; Ord. No. 16-0100 §2, 1-4-2016]
The maximum height of all structures in each zoning district (except as provided in Section 400.1690) shall be as follows:
Table 5-4. Maximum Structure Heights
Zoning District
Maximum Structure Height (feet)
"RA-5", "LR-2"
40
"R-40", "R-20", "R-10", "R-7"
40
"PR-1"
40
"PR-2"
50
"NC-1"
40
"CC-2"
50
"PC"
70
"PB"
70
"NPI"
70
"PI"
50
"PM"
Height established as part of zoning approval for each planned development

Section 400.1690 Additional Height and Yard Regulations.

[Zoning Order §5.320, 4-2-2008]
A. 
Height.
1. 
Exemptions. The following are exempt from the district height standards:
a. 
In "RA-5" Districts, agricultural buildings such as, but not limited to, barns, silos, windmills, grain elevators and other farm structures, but not including dwellings.
b. 
Cooling towers, gas holders or other industrial structures, where required as part of the manufacturing process.
c. 
Public water storage tanks.
2. 
Additional regulations. The regulations and requirements as to height of buildings and area of lots that may be occupied by buildings, yards and other regulations and requirements in the foregoing Sections of this Chapter shall be subject to the following exceptions and additional regulations:
a. 
In any district, public or semi-public buildings, such as hospitals, hotels, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards the depth and width of which shall be increased one (1) foot on all sides for each additional foot that the buildings exceed the specified height limit, as established by the regulations of the district in which the buildings are situated.
b. 
Parapet walls and false mansards shall not extend more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio, television or microwave towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted County orders, ordinances or resolutions.
B. 
Yard Exceptions And Additional Regulations.
1. 
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projections of sills, belt courses, canopies, cornices, chimneys, buttresses, ornamental features and eaves, not more than half the width of the yard but not more than six (6) feet into a required rear yard.
2. 
An open fire escape may project into a required side yard not more than half the width of the yard, but not more than four (4) feet. Fire escapes and solid floored balconies may project not more than six (6) feet into a required rear yard.
3. 
In computing the depth of a rear yard for any building where the yard abuts an alley, one-half (½) of the alley may be assumed to be a portion of the rear yard.
4. 
Condominium ownership shall not constitute violation of the lot and yard requirements of this Chapter.
5. 
Irregular lots. Only within districts "R-20", "R-10", "R-7", "PR-1" and "PR-2", lots that are irregular in shape, i.e., the lot dimensions are such that it would be difficult to place a home within the building envelope established by the required setbacks (as determined by the Director), may be averaged. Examples of such lots may include:
a. 
Lots that get significantly narrower from front to back;
b. 
Lots where side lot lines are not equal in length thereby producing an odd shaped lot;
c. 
Lots referred to as "flag" lots that have a very narrow access and then open into normal size and shaped lots may utilize the averaging only if the resulting area beyond the narrow access meets one (1) of the other criteria as mentioned above.
To determine the dimension allowed for the rear yard, each side of the existing or proposed structure shall be extended in a straight line to its point of intersection with the property line. One (1) additional measurement shall be included in the calculation and shall be determined by drawing a perpendicular line from the center of the structure to the property line. An average of these three (3) measurements shall equal a minimum of thirty (30) feet in "R-20", "R-10" and "R-7" and twenty (20) feet in "PR-1", "PR-2". However, the nearest point of the structure shall be at least ten (10) feet from the rear lot line.
6. 
Corner lots in Districts "R-20", "R-10", "R-7", "PR-1" and "PR-2". (See Table 5-3.)
a. 
On corner lots, there shall be a front yard setback along each fronting street and a side yard setback adjacent to each interior lot.
b. 
On corner lots where adjacent interior lots have been platted fronting the street, the required setback shall be either equal to the front yard setback of the adjacent interior lot or may be reduced by not more than five (5) feet.
7. 
Homes angled on corner lots. In "R-20", "R-10", "R-7", "PR-1" and "PR-2" Districts where a home is to be angled on a corner lot, the two (2) front yard setbacks may both be reduced by five (5) feet according to its respective district requirement. The other lot lines shall maintain a minimum setback of six (6) feet. (See Table 5-3.) These reductions to front yard setbacks shall not apply to lots on expressways, arterials and any four-lane streets.

Section 400.1720 Exemptions.

[Zoning Order §5.325, 4-2-2008]
A. 
The following structures or uses are exempt from the regulations of this Chapter and shall be permitted in any district. This Section shall not be construed to exempt any public utility from other ordinances or regulations of the County including, but not limited to, franchise agreements and applicable building codes.
1. 
Poles, wires, cables, conduits, vaults (when totally screened), laterals, pipes, tanks, mains, valves or any other similar equipment for transmission, treatment or distribution to customers of telephone, cable television or other communication services, electricity, gas, steam or water or the collection of sewage or surface water operated or maintained by a public utility (see also Section 64.820, RSMo.);
2. 
Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way;
3. 
Municipal facilities and equipment, salt domes, County maintenance facilities, poles, street and highway lights and ball park lights.

Section 400.1750 Purpose and Findings.

[Zoning Order §5.330, 4-2-2008]
A. 
Purpose. It is the purpose of this Article to regulate sexually oriented businesses and related activities to promote the health, safety, morals and general welfare of the citizens of the County of Jefferson, Missouri and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the unincorporated area of the County of Jefferson, Missouri. The provisions of this Article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article I, Section 8 of the Missouri Constitution or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. It is neither the intent nor effect of this Article to condone or legitimize the distribution of obscene material.
B. 
Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings conducted by the County Commission on October 9, October 21, November 7 and November 20, 2002, and in reports made available to the County Commission and on findings incorporated in the cases of City of Erie v. Pap's A.M., 529 U.S. 277, 146 L. Ed. 2d 265, 120 S. Ct. 1382 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986); Iacobucci v. City of Newport, Ky, 479 U.S. 92 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); California v. LaRue, 409 U.S. 109 (1972); United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Hang On, Inc. v. City of Arlington,, 65 F.3d 1248 (5th Cir. 1995); South Florida Free Beaches, Inc. v. City of Miami, 734 F.2d 608 (11th Cir. 1984); and N.W. Enterprises v. City of Houston, 27 F.Supp. 2d 754 (S.D. Tex. 1998), as well as studies conducted in other Cities and Counties including, but not limited to, Kansas City, Missouri; Rochester, New York; Denver, Colorado; Newport News, Virginia; St. Croix County, Wisconsin; Virginia Beach, Virginia; New York, New York; Manatee County, Florida; Phoenix, Arizona; St. Paul, Minnesota; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and findings reported in the Final Report of the Attorney General's Commission on Pornography (1986), the Report of the Attorney General's Working Group On the Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the report to the American Center for Law and Justice on the Secondary Impacts of Sexually Oriented Businesses dated March 31, 1996; and statistics obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, the Missouri Department of Health and the Jefferson County, Missouri Health Department, the County Commission found that:
1. 
Sexually oriented businesses lend themselves to ancillary, unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make owners of these establishments responsible for the activities that occur on their premises.
2. 
Crime statistics show that all types of crimes, especially sex-related crimes, occur with more frequency in neighborhoods where sexually oriented businesses are located. See, e.g., studies of the Cities of Phoenix, Arizona; Indianapolis, Indiana; and Austin, Texas.
3. 
Persons frequent certain adult theaters, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses. See, e.g., Arcara v. Cloud Books, Inc., 478 U.S. 697, 698 (1986); see also Final Report of the Attorney General's Commission on Pornography (1986) at 376-77.
4. 
At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. See, e.g., Study of Fort Meyers, Florida.
5. 
As of December 2001, the total number of reported cases of AIDS in the United States caused by the immunodeficiency virus (HIV) was eight hundred sixteen thousand one hundred forty-eight (816,148). See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.
6. 
As of 1998, there were four hundred forty-seven (447) cases of AIDS reported, seven hundred forty-six (746) hospitalizations for AIDS and one hundred forty-five (145) deaths caused by AIDS in the State of Missouri. See, e.g., Statistics of the Missouri Department of Health.
7. 
The total number of cases of genital chlamydia trachomatis infections in the United States reported in 2001 was seven hundred eighty-three thousand two hundred forty-two (783,242), a ten percent (10%) increase over the year 2000. See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.
8. 
The total number of cases of all stages of syphilis in the United States reported during the five (5) year period 1997-2001 was one hundred eighty-four thousand one hundred ninety (184,190). See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.
9. 
The number of cases of gonorrhea in the United States reported annually remains at a high level, with a total of one million seven hundred sixty-nine thousand eight hundred eleven (1,769,811) cases reported during the period 1997 — 2001. See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.
10. 
The Surgeon General of the United States in his or her report of October 22, 1986, advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug use, exposure to infected blood and blood components and from an infected mother to her newborn.
11. 
According to the best scientific evidence available, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. See, e.g., Findings of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention.
12. 
Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy and, in part, because of the unregulated nature of the activities and the failure of the owners and operators of the facilities to self-regulate those activities and maintain those facilities. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 377.
13. 
Numerous studies and reports have determined that bodily fluids, including semen and urine, are found in the areas of sexually oriented businesses where persons view "adult" oriented films. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 377.
14. 
Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows. See, e.g., California v. LaRue, 409 U.S. 109, 111 (1972); see also Final Report of the Attorney General's Commission on Pornography (1986) at 377.
15. 
Offering and providing such booths or cubicles encourages such activities, which creates unhealthy conditions. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 376-77.
16. 
Removal of doors on adult booths and requiring sufficient lighting on the premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult establishments.
17. 
Nude dancing in adult establishments encourages prostitution, increases sexual assaults and attracts other criminal activity. See, e.g., Barnes v. Glen Theatre, 501 U.S. 560, 583 (1991).
18. 
Nude dancing in adult establishments increases the likelihood of drug dealing and drug use. See, e.g., Kev, Inc. v. Kitsap County, 793 F.2d 1053, 1056 (9th Cir. 1986).
19. 
Alcohol consumption in adult establishments increases the likelihood of crime, illegal drug use and illegal sexual activity and encourages undesirable behavior that is not in the interest of the public health, safety and welfare. See, e.g., Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (11th Cir. 2000); Sammy's Ltd. v. City of Mobile, 140 F.3d 993, 996 (11th Cir. 1998), cert. denied, 529 U.S. 1052, 146 L. Ed. 2d 459, 120 S. Ct. 1553 (2000).
20. 
When more than one (1) sexually oriented business use occupies the same location or business address, the secondary effects caused by such businesses are increased. Secondary effects are reduced or controlled to a greater degree when only a single sexually oriented business use is allowed to occupy the same location.
21. 
A 2002 survey conducted by the Jefferson County Health Department, Office of the Sheriff of Jefferson County and the Jefferson County Department of Land Use, Development and Code Enforcement of sexually oriented businesses located in unincorporated Jefferson County found that many of the potential secondary effects and community concerns of sexually oriented businesses relate to the operation of those businesses, including particularly the management of the business and the conduct and behavior of its customers.
22. 
Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect the substantial governmental concerns reported above.
23. 
A reasonable permitting procedure is an appropriate mechanism to place the burden of reasonable regulation on the owners and operators of sexually oriented businesses. Further, a reasonable permitting procedure will place a presently non-existent incentive on owners and operators of sexually oriented businesses to operate the sexually oriented business in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of Jefferson County. It is appropriate to require reasonable assurances that the permittee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
24. 
Through the issuance of permits, it is possible to directly address operational issues by establishing standards of operation that will provide guidance to operators and that will provide bench marks against which to measure the performance of all operators of sexually oriented businesses.
25. 
Through the issuance of permits, the County can address business operations rather than the subject matter of books, films, videos or other media offered therein. The County has consciously not brought under this Article some types of businesses which offer significant quantity and variety of sexually-oriented books, magazines, videos and other media, because such businesses do not have the characteristics of sexually oriented businesses, as identified through the County's own survey.
26. 
The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and criminal activity.
27. 
It is desirable, in the prevention of crime and the spread of communicable diseases, to obtain a limited amount of information regarding certain employees who may engage in the conduct this Chapter is designed to prevent or who are likely to be witnesses to such activity.
28. 
It is necessary to require a manager on the premises of establishments offering certain kinds of adult entertainment at such times as such establishments are offering adult entertainment to have a permit so that there will be an individual responsible for the overall operation of the establishment, including the actions of customers, entertainers and other employees.
29. 
It is necessary to require entertainers and employees in the sexually oriented business industry to have a permit in order to prevent the exploitation of minors, to ensure that each entertainer or employee is an adult and to ensure that each entertainer or employee have not assumed a false name, which would make regulation difficult or impossible.
30. 
The permit fees required in this Article are nominal fees imposed as necessary regulatory measures designed to defray the substantial expenses incurred in processing applications for permits issued under this Article.
31. 
The general welfare, health, morals and safety of the citizens of this County will be promoted by enactment of this Article.
32. 
The requirements of this Article advance the public health, safety and welfare by providing neutral regulations governing the conduct of sexually oriented businesses within unincorporated Jefferson County.

Section 400.1760 Authority and Jurisdiction.

[Zoning Order §5.340, 4-2-2008]
A. 
This Article is enacted pursuant to Sections 64.800 to 64.900 and Section 192.300, RSMo.
1. 
Section 400.1780 through Section 400.1830, location, signage, exterior of sexually oriented businesses, hours of operation, persons under eighteen (18) prohibited from entry and non-conforming uses, shall be enforced by the Department of Land Use, Development and Code Enforcement.
2. 
Section 400.1840 through 400.1860, regarding permits, shall be enforced by the Jefferson County Health Department.
B. 
This Article shall apply to the unincorporated area of the County of Jefferson, Missouri.

Section 400.1770 Definitions.

[Zoning Order §5.350, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(5.350), 11-12-2008]
The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Division, except where the context clearly indicates a different meaning:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE
Any business, commercial establishment or premises that, has as a substantial or significant portion of its stock in trade or has as one (1) of its primary or principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:
1. 
Books, magazines, periodicals or other printed matter or photographs, films, motion picture, video cassettes or video reproductions, slides, digital video disc, computer disc or other visual representations that depict or describe specified sexual activities or specified anatomical areas; or
2. 
Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
A principal business purpose exists if materials offered for sale or rental depicting or describing specified sexual activities or specified anatomical areas generate twenty percent (20%) or more of the business's income or account for twenty percent (20%) or more of inventory or occupy twenty percent (20%) or more of gross total floor area. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas.
ADULT CABARET
An adult live entertainment facility or that part of a live adult entertainment facility, which may include a nightclub, bar, restaurant, cafe or similar establishment, that regularly, commonly, habitually or consistently features or otherwise offers to the public, customers or members in a viewing area, any live exhibition, performance or dance by persons whose exhibition, performance or dance includes any of the following:
1. 
Persons who appear in a state of nudity or semi-nudity; or
2. 
Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
3. 
Films, motion pictures, video cassettes, slides, digital video discs, photographic reproductions or other image-producing devices that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
4. 
Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT LIVE ENTERTAINMENT FACILITY
Any building, structure or facility which contains or is used for commercial entertainment, including theaters used in presenting live presentations, predominately distinguished or characterized by their principal emphasis on matter displaying, depicting, describing or relating to specified sexual activities or specified anatomical areas and including adult cabaret facilities providing a live presentation, where customers observe any live presentation of any person wholly or partially nude with their genitals or pubic region exposed or covered only with transparent covering and additionally, in the case of a female person, with the areola and nipple of the breast exposed or covered only with transparent covering or observe specified sexual activities.
ADULT MOTEL
A hotel, motel, building or portion of a building, structure, facility or similar commercial establishment that:
1. 
Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, digital video discs or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or
2. 
Offers a sleeping room for rent for a period of time that is less than eighteen (18) hours; or
3. 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than eighteen (18) hours.
ADULT MOTION PICTURE THEATER
A building or portion of a building (including any portion of a building which contains more than one hundred fifty (150) square feet) where films, motion pictures, movies, video cassettes, slides, digital video discs or similar photographic reproductions or other projected images are regularly, commonly, habitually or consistently shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment that regularly, commonly, habitually or consistently features persons who appear, in person, in a state of nudity or semi-nudity or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
CUSTOMER
Any person who:
1. 
Is allowed to enter a sexually oriented business in return for the payment of an admission fee or any other form of consideration or gratuity;
2. 
Enters a sexually oriented business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
3. 
Is a member or guest of and on the premises of a sexually oriented business operating as a private club.
DIRECTOR
The person employed by the County of Jefferson, Missouri, designated by the County Executive or the person employed by the Jefferson County Health Department as may be designated to perform the duties of the Director under this Article.
EMPLOYEE
A person who performs any service on the premises of a sexually oriented business on a full-time, part-time, contract basis or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not the said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer. The term "employee" includes any manager.
ENTERTAINER
Any person who provides adult live entertainment within an adult live entertainment facility, whether or not a fee is charged or accepted for entertainment.
ENTERTAINMENT
Any display, exhibition or dance of any type, pantomime, modeling or any other performance.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person who or business association that furnishes, offers to furnish or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
1. 
The opening or commencement of any sexually oriented business as a new business;
2. 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
3. 
The additions of any sexually oriented business to any other existing sexually oriented business;
4. 
The relocation of any sexually oriented business; or
5. 
A sexually oriented business or premises on which the sexually oriented business is located.
GROSS TOTAL FLOOR AREA
The total area of the building accessible or visible to the public, including show rooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.
LICENSED DAY CARE CENTER
A facility licensed by the State of Missouri, whether situated within the County or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility.
LIVE THEATRICAL PERFORMANCE
A play, skit, opera, ballet, concert, comedy or musical drama.
MANAGER
Any person who manages, directs, administers or is in charge of the affairs or conduct of any portion of any activity occurring at any sexually oriented business.
MATERIAL
Anything printed or written or any picture, drawing, photograph, motion picture film, videotape or videotape production or pictorial representation or any statue or other figure or any recording or transcription or any mechanical, chemical or electrical reproduction or anything that is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates and other latent representational objects.
MEDIA
Anything printed or written or any picture, drawing, photograph, motion picture film, videotape or videotape production or pictorial representation or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes, but shall not be limited to, books, newspapers, magazines, movies, videos, sound recordings, CD-roms, digital video discs, laser discs, other magnetic media and undeveloped photographs.
MOTION PICTURE ARCADE BOOTH
Any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat a person and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the display, depiction or description of specified sexual activities or specified anatomical areas by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, digital video disc, CD-rom, books, magazines or periodicals) for observation by patrons therein. The terms "booth", "arcade booth", "preview booth", "video arcade booth" and "media room" shall be synonymous with the term "motion picture arcade booth". A motion picture arcade booth shall not mean a theater, movie house, playhouse or a room or enclosure or portion thereof which contains more than one hundred fifty (150) square feet of area. No part of this definition shall be construed to permit more than one (1) person to occupy a motion picture arcade booth at any time.
MOTION PICTURE ARCADE BOOTH ESTABLISHMENT
Any building or part thereof or premises wherein one (1) or more motion picture arcade booths are located.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons for consideration.
NUDITY OR A STATE OF NUDITY
The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
OPERATOR
Any person operating, conducting or maintaining a sexually oriented business.
OWNER
The proprietor, if a sole proprietorship; all partners (general and limited), if a partnership; all officers, directors and persons holding five percent (5%) or more of the outstanding shares, if a corporation; or all officers, directors, members and persons holding five percent (5%) or more of any ownership interest, if a limited liability company; or any beneficiary or trustee of a trust.
PERMITTEE
A person in whose name a permit has been issued, as well as the individual listed as an applicant on the application for a permit.
PERSON
An individual, proprietorship, partnership, corporation, trust, incorporated or unincorporated association, limited liability company, joint venture, governmental entity or other entity or group of persons, however organized.
PREMISES
The real property upon which the sexually oriented business is located and all appurtenances thereto and buildings thereon including, but not limited to, the sexually oriented business, the grounds, private walkways and parking lots or parking garages adjacent thereto under the ownership, control or supervision of the permittee as described in the application for the permit to Sections 400.1840 through 400.1860 of this Article.
SEMI-NUDE OR SEMI-NUDITY
The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:
1. 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. 
Activities between persons of the opposite sex or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nudity.
A principal business purpose exists if the services offered are intended to generate business income.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult live entertainment facility, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
1. 
The human male genitals in a discernibly turgid state, even if fully and opaquely covered;
2. 
Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
1. 
Any offense in Chapters 195, 566, 567, 568 and 573, RSMo., or any similar controlled substance or sex-related offenses to those described above under the Criminal or Penal Code of other States or other countries.
2. 
For which:
a. 
Less than two (2) years have elapsed since the date of conviction, plea of guilty, finding of guilt, successful completion of probation or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction or term of probation is of a misdemeanor offense;
b. 
Less than five (5) years have elapsed since the date of conviction, plea of guilty, finding of guilt, successful completion of probation or the date of release from confinement imposed for the conviction or term of probation, whichever is the later date, if the conviction is of a felony offense;
c. 
Less than five (5) years have elapsed since the date of the last conviction, plea of guilty, finding of guilt or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are for two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.
3. 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
1. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts, whether covered or uncovered;
2. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
3. 
Masturbation, actual or simulated; or
4. 
Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
The increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas existed on the effective date of this Article.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
1. 
The sale, lease or sublease of the business;
2. 
The transfer of securities that form a controlling interest in the business, whether by sale, exchange or similar means; or
3. 
The creation of a trust, gift or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Section 400.1780 Location Restrictions.

[Zoning Order §5.360, 4-2-2008]
A. 
Sexually oriented businesses shall be permitted in any planned industrial district ("PI") provided that:
1. 
The sexually oriented business may not be operated within:
a. 
One thousand (1,000) feet of a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
b. 
One thousand (1,000) feet of a public or private educational facility including, but not limited to, licensed day care center, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school;
c. 
One thousand (1,000) feet of a public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas or other similar public land;
d. 
One thousand (1,000) feet of the property line of a lot zoned for residential use as defined in the Uniform Development Order as "RA-5", "LR-2", "R-40", "R-20", "R-10", "PR-1", "PR-2" and being devoted to residential use;
e. 
One thousand (1,000) feet of another sexually oriented business; or
f. 
One thousand (1,000) feet of any establishment that offers for sale alcoholic beverages for on-premise consumption or provides for on-premise consumption of alcoholic beverages.
2. 
A sexually oriented business may not be operated in the same building, structure or portion thereof containing another sexually oriented business that is classified in accordance with Section 400.1850(A).
3. 
For the purpose of this Article, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property boundary of the premises described in Subsections (1)(a — b) or to the nearest property boundary described in Subsections (1)(c — d).
4. 
For purposes of Subsection (3) of this Section, the distance between any two (2) sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

Section 400.1790 Signage.

[Zoning Order §5.370, 4-2-2008]
A. 
Notwithstanding any other ordinance, code or regulation to the contrary, it shall be unlawful for the operator of any sexually oriented business or any other person to erect, construct or maintain any sign for the sexually oriented business other than the one (1) primary sign and one (1) secondary sign as provided herein.
B. 
Primary signs shall have no more than two (2) display surfaces. Each such display surface shall:
1. 
Not contain any flashing lights;
2. 
Be a flat plane, rectangular in shape;
3. 
Not exceed seventy-five (75) square feet in area; and
4. 
Not exceed ten (10) feet in height or ten (10) feet in length.
C. 
Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner and may contain only the name of the establishment.
D. 
Each letter forming a word on a primary sign shall be of solid color and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
E. 
Secondary signs shall have only one (1) display surface. Such display surface shall:
1. 
Be a flat plane, rectangular in shape;
2. 
Not exceed twenty (20) square feet in area;
3. 
Not exceed five (5) feet in height and four (4) feet in width; and
4. 
Be affixed or attached to any wall or door of the enterprise.
F. 
The provisions of Subsection (B)(1), (C) and (D) shall also apply to secondary signs.
G. 
Any sign erected prior to the passage of the original Order on April 15, 2003, shall be considered a lawful non-conforming sign.
H. 
Violation of any provision of this Section shall constitute a misdemeanor.

Section 400.1800 Exterior Portions of Sexually Oriented Businesses.

[Zoning Order §5.380, 4-2-2008]
A. 
It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.
B. 
It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner except to the extent permitted by the provisions of this Article.
C. 
It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:
1. 
The establishment is a part of a commercial multi-unit center; and
2. 
The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
D. 
Nothing in this Article shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.
E. 
A violation of any provision of this Section shall constitute a misdemeanor.

Section 400.1810 Hours of Operation.

[Zoning Order §5.390, 4-2-2008]
A. 
It shall be unlawful for any sexually oriented business to be conducted, operated or otherwise open to the public, customers or members between the hours of 3:00 A.M. and 6:00 A.M.
B. 
A violation of any provision of this Section shall constitute a misdemeanor.

Section 400.1820 Persons Younger Than Eighteen Prohibited From Entry - Attendant Required.

[Zoning Order §5.400, 4-2-2008]
A. 
It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business.
B. 
It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business's regular business hours. It shall be the duty of the attendant to prohibit any person under the age of eighteen (18) years from entering the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless such attendant asked for and was furnished:
1. 
A valid motor vehicle driver's license; or
2. 
A valid personal identification certificate issued by any State reflecting that such person is eighteen (18) years of age or older.
C. 
Violation of this Section shall constitute a misdemeanor.

Section 400.1830 Non-Conforming Uses.

[Zoning Order §5.410, 4-2-2008]
A. 
Any business lawfully operating on the effective date of this Article that is in violation of the locational requirements of this Article shall be deemed a non-conforming use. The non-conforming use will be permitted to continue, unless terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
B. 
A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, of a church, synagogue or regular place of religious worship, public or private elementary or secondary school, licensed day care center, public park, residential district or use described in Section 400.1780(1)(a — d, f) within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid operator's permit and does not apply when an application for an operator's permit is submitted after an operator's permit has expired or has been revoked.

Section 400.1840 Permits - Applications.

[Zoning Order §5.420, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(5.420), 11-12-2008]
A. 
Classification. Sexually oriented business uses are classified as either non-live entertainment or live entertainment, as follows:
1. 
Non-live entertainment shall include:
a. 
Adult arcades;
b. 
Adult bookstores;
c. 
Adult video stores;
d. 
Adult motels;
e. 
Adult motion picture theaters; or
f. 
Motion picture arcade booth establishments.
2. 
Live entertainment shall include:
a. 
Adult theaters;
b. 
Adult cabarets;
c. 
Escort agencies;
d. 
Nude model studios; or
e. 
Sexual encounter centers.
B. 
Sexually Oriented Business Operator's Or Employee's Permit Required.
1. 
It shall be unlawful:
a. 
For any person to operate or maintain a sexually oriented business without a valid sexually oriented business operator's permit ("operator's permit") issued by the Director pursuant to this Article;
b. 
For any person who operates a sexually oriented business to employ a person to work or perform services on the premises of the sexually oriented business, if such person is not in possession of a valid sexually oriented business employee permit ("employee permit") issued to such person by the Director pursuant to this Article;
c. 
For any person to obtain employment with a sexually oriented business if such person is not in possession of a valid sexually oriented business employee permit issued to such person by the Director pursuant to this Article; or
d. 
For any entertainer, employer or manager to knowingly perform any service or entertainment directly related to the operation of an unpermitted sexually oriented business.
2. 
It shall be prima facie evidence that any sexually oriented business that fails to have posted, in the manner required by this Article, a sexually oriented business permit has not obtained a permit. It shall be prima facie evidence that any entertainer, employee or manager who performs any service or entertainment in a sexually oriented business in which a permit is not posted in the manner required by this Article had knowledge that the business did not have a permit.
3. 
It shall be a defense to Subsections (B)(1)(b — d) of this Section if the employment is of limited duration and for the sole purpose of repair or maintenance of machinery, equipment or the premises.
4. 
Violation of any provision within Subsection (A) shall constitute a misdemeanor.
C. 
Application For Sexually Oriented Business Operator's Permit.
1. 
An application for a sexually oriented business operator's permit shall be submitted in the name of the person proposing to conduct or operate the establishment on the premises, shall be signed by the applicant and notarized. All applications shall be submitted to the Director on a form supplied by the Director and shall require the following:
a. 
The application shall be accompanied by:
(1) 
A sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the establishment. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (±6) inches.
(2) 
Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed.
(3) 
If the persons identified as the fee owner(s) of the tract of land in subparagraph (1)(a)(2) is not also the owner of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business.
(4) 
A current certificate and line drawing prepared by a land surveyor licensed in the State of Missouri within thirty (30) days prior to application depicting the property lines, the structures and all existing uses within one thousand (1,000) feet of the property to be certified. For purposes of this Subsection, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(5) 
Payment of the application fee in full, with no proration or refunds.
(6) 
If the establishment is a State of Missouri corporation, a certified copy of the articles of incorporation, together with all amendments thereto.
(7) 
If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this State and a certified copy of the articles of incorporation, together with all amendments thereto.
(8) 
If the establishment is a limited partnership formed under the laws of the State of Missouri, a certified copy of the certificate of limited partnership, together with all amendments thereto.
(9) 
If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto.
(10) 
If the establishment is a domestic limited liability company, a certified copy of the articles of organization, together with all amendments thereto.
(11) 
If the establishment is a foreign limited liability company, a certified copy of the certificate of authority to transact business in this State and a certified copy of the articles of organization, together with all amendments thereto.
b. 
The name, residence address, mailing address (if different), home telephone number, date of birth, place of birth and Social Security number or Federal tax identification number (with copy of Form SS-4) of the applicant.
c. 
The business name, address, telephone number, and
(1) 
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state:
(a) 
The sexually oriented business's fictitious name; and
(b) 
Submit the required registration documents.
d. 
The names, residence addresses, residence telephone numbers and dates of birth of:
(1) 
All partners if the applicant is a partnership;
(2) 
If the applicant is a corporation:
(a) 
All officers, directors and all persons with greater than a five percent (5%) voting and non-voting ownership interest in the corporation;
(3) 
If the applicant is a limited liability company:
(a) 
All officers, directors, members and all persons with greater than a five percent (5%) voting and non-voting ownership interest in the company;
(4) 
If the applicant is a trust:
(a) 
All beneficiaries with greater than a five percent (5%) interest.
e. 
Residence addresses of the applicant or of all partners or of all corporate officers, directors or members or beneficiaries for the five (5) years immediately prior to the date of application.
f. 
A description of the sexually oriented business history of the applicant or of all partners or of all officers, directors or members or beneficiaries; and whether such person or entity has had a previous permit under this Article or other similar sexually oriented business ordinance from another City or County denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license or permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation and whether the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation or member of a limited liability company that is or was licensed or permitted under a sexually oriented business ordinance whose business license or permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license or permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
g. 
A description of the business, occupation or employment of the applicant or of all partners or of all corporate officers and directors or of all members or of all beneficiaries for the immediate five (5) years immediately preceding the date of the application.
h. 
A statement from the applicant or from all partners or from all corporate officers and directors or from all members or from all beneficiaries that each such person has not been convicted of or released from confinement for conviction of or is awaiting trial on pending charges of a specified criminal activity as defined in Section 400.1770, Definitions, and if so, the specified criminal activity involved, the date, place and jurisdiction of each.
i. 
A full set of fingerprints of the applicant, all partners, all corporate officers and directors, all members and all beneficiaries shall be taken by the Director or the office of the Sheriff and delivered to the Director.
j. 
Applicant, all partners, all corporate officers and directors, all members and all beneficiaries shall, at the time they are fingerprinted by the Director, furnish the Director two (2) current photographs of his or her face.
k. 
If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the operator's permit is sought and the date on which the establishment began operations as a sexually oriented business at the location for which the business permit is sought;
l. 
If the establishment is not in operation, the expected start up date (which shall be expressed in number of days from the date of issuance of the operator's permit). If the expected start up date is to be more than ten (10) days following the date of issuance of the operator's permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same.
2. 
Failure to provide information required by Subsection (C)(1) shall constitute an incomplete application and the application shall not be processed.
3. 
The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.
4. 
Applications shall be submitted to the office of the Director or the Director's designee during regular working hours.
5. 
Determination of completeness. Within five (5) business days after receiving an application, the Director shall determine whether the application is complete in accordance with the requirements of this Section. If the application is not complete, the Director shall within two (2) business days after the Director's determination notify the applicant by first class mail of the deficiencies in the application. If the application remains incomplete thirty (30) days after the date of the notice of deficiencies, then the application shall be denied by the Director for failure to comply with the requirements of this Order. Any owner aggrieved by this decision may appeal the decision to the Board of Adjustment pursuant to Article XVII of the Jefferson County Unified Development Order or may seek judicial review in a manner provided by law.
6. 
Any of items Subsection (C)(1) above (except for the payment of fees) shall not be required for a renewal application if the applicant certifies that the documents previously furnished to the Director with the original application or previous renewals thereof remain correct and current.
7. 
If an applicant desires to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, digital video discs, other video reproductions or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Subsection (8) of this Subsection (C).
8. 
A person who operates or causes to be operated a sexually oriented business, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space a film, video cassette or other video reproduction, that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
a. 
Upon application for a sexually oriented business operator's permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the operator's permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (±6) inches. The Director may waive the foregoing diagram for renewal applications if the applicant certifies that the previously submitted diagram of the premises is true and correct and certifies that the configuration of the premises has not been altered since said diagram was prepared.
b. 
The application shall be sworn to be true and correct by the applicant.
D. 
Application For Sexually Oriented Business Employee Permit.
1. 
All applications for a sexually oriented business employee permit shall be signed by the applicant and be notarized. All applications shall be submitted to the Director on a form supplied by the Director and shall contain the following:
a. 
The applicant's given name and any other names by which the applicant is or has been known, including "stage" names or aliases; home address; home telephone number; date of birth; place of birth; height, weight, hair color and eye color;
b. 
The name and address of each sexually oriented business establishment the applicant presently works or intends to work and proof of employment or an "intent to hire" statement from the business that is permitted or has applied for a permit under the provisions of this Article.
c. 
A statement detailing the permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant, in this County or any other City, County, State or country, has ever had any license, permit or authorization to do business denied, revoked or suspended or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the name(s) under which the license or permit was sought or issued, the name(s) of the issuing or denying jurisdiction and describe in full the reason(s) for the denial, revocation or suspension. A copy of any order, ordinance, order of denial, revocation or suspension shall be attached to the application.
d. 
A statement whether the applicant has, within the past five (5) years, been convicted of or released from confinement for conviction of or is awaiting trial on pending charges of a specified criminal activity as defined in Section 400.1770, Definitions, and if so, the specified criminal activity involved, the date, place and jurisdiction of each.
e. 
A full set of fingerprints and a passport-sized color photograph of the applicant. If the applicant does not have such a photo available, he/she may have one (1) taken by the Director at the applicant's cost. Any fees for the photographs and fingerprints shall be paid by the applicant.
f. 
The applicant shall present documentation that he or she has attained the age of eighteen (18) years. Any of the following shall be accepted as documentation of age:
(1) 
A motor vehicle operator's license issued by any State bearing the applicant's photograph and date of birth;
(2) 
A State-issued identification card bearing the applicant's photograph and date of birth;
(3) 
An official passport issued by the United States of America;
(4) 
An immigration card issued by the United States of America;
(5) 
Any other picture identification issued by a governmental entity; or
(6) 
Such other form of identification as the Director deems, by rule, to be acceptable.
2. 
Every application for a permit under this Article shall contain a statement under oath that:
a. 
The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and
b. 
The applicant has been provided a copy of this Article.
3. 
Failure to provide information required by Subsection (D)(1) shall constitute an incomplete application and the application shall not be processed.
4. 
The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.
5. 
Each application for an employee permit shall be accompanied by payment of the application fee in full.
6. 
Applications shall be submitted to the office of the Director or the Director's designee during regular working hours.
7. 
Determination of completeness. Within five (5) business days after receiving an application, the Director shall determine whether the application is complete in accordance with the requirements of this Section. If the application is not complete, the Director shall within two (2) business days after the Director's determination notify the applicant by first class mail of the deficiencies in the application.
E. 
Notification Of Complete Application And Schedule For Hearing.
1. 
Within ten (10) days after a new application for a sexually oriented business operator's permit is determined by the Director to be complete, the Director shall mail written notification of that determination to applicant and all owners of real property located in unincorporated Jefferson County, Missouri, within one thousand (1,000) feet from the proposed premises, as defined by the Official Maps maintained by the Assessor's office and as measured from the property lines of the property which is the subject of the application.
2. 
If, within ten (10) days after the Director mails notice to the property owners entitled to notice under Subsection (E)(1) of this Section that the application for a sexually oriented business permit is complete, any such owner files with the Director a written request for a hearing before the Director on whether the applicant has satisfied the criterion set forth in Section 400.1840(F) which shall state a reason(s) that a particular criteria has not been satisfied, then the Director shall, within five (5) days of receipt of a timely request, mail a notice of hearing to the applicant and any property owner requesting the hearing and notice, shall include the date, time and place for the hearing before the Director. The date for the hearing shall be not less than thirty (30) days nor more than forty (40) days following the determination that the application is complete.
3. 
If a hearing is requested by any property owner entitled to notice under Subsection (E)(1) of this Section, then the Director shall hear matters raised by those property owner(s), if any, in objection to issuance of the permit, but the Director may not deny issuance of the permit without finding that one (1) or more of the criteria set forth in Section 400.1840(F) have not been satisfied.
F. 
Criteria For Issuance Of A Permit.
1. 
Operator's permit. The Director shall investigate the application for a sexually orientated business operator's permit and shall issue the permit authorized by this Article if each of the following conditions is met without exception:
a. 
Applicant or all partners, officers, directors, employees, members or any shareholders of applicant with greater than five percent (5%) interest are over eighteen (18) years of age;
b. 
Applicant (and, if an individual, applicant's spouse) is current in all taxes, fees and other amounts due to the County on any account for any purpose;
c. 
The application is complete and appears to be truthful and accurate;
d. 
The application is accompanied by the required fee;
e. 
The proposed premises are the subject of a zoning determination or a certificate of legal non-conformance showing that the use of the premises for the proposed business is permitted under the Unified Development Order;
f. 
The proposed premises comply with the separation requirements set forth in applicable zoning districts or hold a valid certificate of legal non-conformance indicating that the business is not subject to such separation requirements because the proposed premises existed at this location before the establishment of the separation requirements;
g. 
The proposed premises meets all other applicable health, safety, building and fire codes and ordinances of the County or other political subdivision exercising jurisdiction;
h. 
The applicant provides evidence that the applicant owns the premises or has a lease giving it control of the premises through the proposed permitting period;
i. 
No applicant or any spouse, partner, officer or director of the applicant, member or shareholder with greater than a five percent (5%) interest in applicant has been convicted of a violation of this Article or has had a permit under this Article revoked at any time in the two (2) years immediately preceding the date of application;
j. 
No applicant or any spouse, partner, officer or director of the applicant, member or shareholder with greater than a five percent (5%) interest in applicant has within the previous ten (10) years been convicted of, or remains under confinement for, any felony, misdemeanor ordinance violation or municipal ordinance violation involving sexual offenses, prostitution, sexual abuse of a child or pornography and related offenses as defined in the State's Criminal Code, Chapters 556 — 600, RSMo., or similar Statutes in other States or controlled substance or illegal drugs or narcotics offenses as described in the State's Comprehensive Drug Control Act; and
k. 
The applicant has provided the Director with a designated agent for service who can regularly be found in the County during normal business hours.
2. 
Burden of proof. The applicant shall have the burden of proof on each of the criterion contained in Subsection (F)(1) of this Section except that the applicant's burden regarding criterion contained in Subsection (F)(1)(e), (g), (i) and (j) of this Section shall be limited to completing forms provided by the Director.
3. 
Employee permit. The Director shall investigate the application and shall issue the permit authorized by this Article if the Director finds that:
a. 
The applicant has not made any false, misleading or fraudulent statement of material fact in the application for a permit or in the providing of documentation of age as part of the original permit application or application for renewal thereof.
b. 
The applicant has attained the age of eighteen (18) years.
c. 
The applicant has not been convicted of or completed probation for a felony or released from confinement for conviction of a felony, whichever event is later, within five (5) years immediately preceding the application or has not been convicted of or completed probation for a misdemeanor or released from confinement for conviction of a misdemeanor, whichever event is later, within two (2) years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, sexual abuse of a child or pornography and related offenses, as defined in the State's Criminal Code, Chapters 556 — 600, RSMo., or similar Statutes or controlled substance or illegal drugs or narcotics offenses as described in the State Comprehensive Drug Control Act or similar Statutes or has not been convicted of or completed probation for a municipal ordinance violation or released from confinement for conviction of a municipal ordinance violation, whichever event is later, within two (2) years immediately preceding the application, where such municipal ordinance violation involved indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
d. 
The applicant has not had a permit issued under the provisions of this Article revoked within five (5) years immediately preceding the application.
G. 
Operator's Permit — Approval Or Disapproval — Review.
1. 
The application for a sexually oriented business operator's permit authorized under this Article shall be approved or disapproved within fifty (50) days from the date of the Director's determination that the application is complete, unless the applicant agrees in writing to an extension of that time period. If the permit application is disapproved, the Director shall notify the applicant in person or by registered or certified mail to the applicant's last known address and shall state the basis for such disapproval.
2. 
If, within ten (10) days after the Director mails notice to the applicant that the application has been disapproved, the applicant files with the Director a written request for a hearing before the Board of Zoning Adjustment on whether the applicant has satisfied the criterion set forth in Section 400.1840(F), then the Director shall, within five (5) days of receipt of a timely request, mail a notice of a hearing to the applicant, which shall include the date, time and place for the hearing before the Board of Zoning Adjustment. The date for the hearing shall be not less than thirty (30) days nor more than forty (40) days following the filing of the request for a hearing under this Section, unless the aggrieved party requesting the hearing agrees to extend the time for the hearing.
H. 
Employee Permit — Approval, Disapproval — Review.
1. 
The application for an employee permit authorized under this Article shall be approved or disapproved within sixty (60) days from the date of filing a completed application, which complies with the requirements of this Article, unless the applicant agrees in writing to an extension of such time period. Pending the approval or disapproval of a completed permit application, the employee shall be provided a temporary permit. The temporary permit shall automatically expire and become null and void upon the approval or disapproval of a permit. Any employee issued a temporary permit shall comply with the provisions of this Article and the temporary permit shall be withdrawn by the Director if the permittee violates any provisions of this Article. Additionally, any employee issued a temporary permit shall be subject to the penalty provisions provided in this Article. It shall be the duty of the Director to request criminal records and to investigate other information required by the permit application. If a permit application is disapproved, the Director shall notify the applicant in person or by registered or certified mail to the applicant's last known address and shall state the basis for the disapproval.
2. 
Judicial review. An applicant for an employee permit authorized under this Article aggrieved by the decision of the Director to approve or disapprove a permit may seek judicial review in a manner provided by the law.
I. 
Display Of Permit.
1. 
Every person, corporation, partnership, trust, limited liability company, entity or association permitted under this Article as a sexually oriented business shall post the permit in a conspicuous place and manner on the business premises.
2. 
Every employee of a sexually oriented business shall have his or her permit located on the sexually oriented business premises so it shall be readily available for inspection by County authorities responsible for enforcement of this Article. If the permit is a temporary permit, the form of identification presented as part of the application for the permit shall be stated by the Director on the face of the permit and the identification must be in the possession of the employee possessing the temporary permit while working on the premises.
J. 
Permit Classifications And Fees.
1. 
The permit year for all fees required pursuant to this Article shall be from each December first (1st) through November thirtieth (30th). The application for a permit shall be accompanied by payment in full of the fee stated in this Section by cash, certified or cashier's check or money order and no application shall be considered complete until the fee is paid. The fee shall not be refunded under any circumstances, except for the employee's permit, which said fee shall be reimbursed to the employee if his/her application is denied.
2. 
The classification of sexually oriented business permits and the fees for each shall be as follows:
a. 
New sexually oriented business operator's permit is a fee of one thousand five hundred dollars ($1,500.00) per year;
b. 
Renewal of sexually oriented business operator's permit is a fee of one thousand five hundred dollars ($1,500.00) per year;
c. 
Employee's permit is a fee of thirty dollars ($30.00) per year.
3. 
The fees set forth in this Section shall not be prorated.

Section 400.1850 Permits - Compliance.

[Zoning Order §5.430, 4-2-2008]
A. 
Inspection.
1. 
The County shall regularly inspect the premises of sexually oriented business in order to ensure compliance with the provisions of this Article. An applicant or permittee shall allow the Director or his or her designee, representatives of any Law Enforcement Agency or the Health Department to inspect the premises during the hours allowed for business and at other reasonable times. Such inspection shall be limited to visual assessment of the activities conducted in areas to which patrons have access or are allowed access; to requests for inspection of the permits required under this Article; and to requests for identification of those individuals who reasonably appear to be under the age of eighteen (18).
2. 
Visual inspection behind any locked doors shall be solely to ensure that no activity for patrons is occurring in those areas.
3. 
It shall be unlawful for a person who operates a sexually oriented business or his or her agent or employee to refuse to promptly permit such lawful inspection of the premises. A violation of this Subsection is a misdemeanor.
B. 
Compliance With Other Regulations. It shall be the duty of any sexually oriented business operator's permittee to comply with the applicable building codes, zoning, fire, health and property maintenance ordinances of the County or any other political subdivision exercising jurisdiction. Failure to continue compliance with the ordinances or regulations after notification of non-compliance has been delivered to the business by the County may be a basis for suspension, revocation or non-renewal of the permit.
C. 
Permittee's Duty To Monitor Business And Premises.
1. 
It is and shall be the affirmative duty of each sexually oriented business operator's permittee, employee and manager to:
a. 
Allow the business to be open to customers only when there is a designated shift leader; the name of the shift leader at any time shall be prominently displayed at or near the manager's station;
b. 
Ensure that all lighting, including theater runway/aisles lighting, required by this Article actually operates, with working bulbs, turned on, during all hours when the business is open;
c. 
Post and enforce a "no loitering" policy on the business premises, including parking areas and other exterior parts of the business premises;
d. 
Prevent and ensure that no sexual activity, including actual sexual conduct, normal or perverted acts of human masturbation, deviate sexual intercourse, sexual intercourse, or physical contact, in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area or 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, as such terms are defined in the pornography and related offenses Chapter of the State's Criminal Code (Chapter 573, RSMo.), takes place on the business premises, whether in or out of public view;
e. 
Prevent and ensure that no prostitution or solicitation for prostitution takes place on the business premises, whether in or out of public view;
f. 
Prevent and ensure that no gambling takes place on the business premises;
g. 
Prevent any unlawful sale, distribution, delivery or use of controlled substances, illegal drugs or narcotics on the business premises;
h. 
Prevent any sale, distribution, delivery or use of any alcoholic beverages of any kind on the business premises;
i. 
Prevent persons under eighteen (18) years of age from entering the business premises or the portion or portions thereof which contain adult media, adult live entertainment or sexually-oriented toys and novelties;
j. 
Prevent the display of sexually explicit materials inside the business premises that are viewable from a public place or viewable within portions of the business open to the general public;
k. 
Prevent and ensure that no person engages in sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area or 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, as such terms are defined in the pornography and related offenses Chapter of the State's Criminal Code (Chapter 573, RSMo.) or causes any bodily discharge of semen, urine or feces while in any sexually oriented business, excepting the discharge of urine or feces in a bathroom or restroom meeting the County's building code;
l. 
Allow Law Enforcement Officers, Code Enforcement Officers, Health Officers or other representatives of the County or other public agencies full access to the business premises at any time during business hours for purposes of inspection to ensure compliance with this Article and other applicable laws; and
m. 
Ensure that doors in adult motion picture theaters are designed and maintained so that they cannot be locked by customers or otherwise locked from the inside while the business is open. This shall not preclude a management-controlled locking system used to limit access to the theater portion of the premises, provided that at any time the employee or shift leader can release the lock at his or her own volition or at the request of a Law Enforcement Officer, Code Enforcement Officers, Health Officers or County Inspector and ensure that lobbies remain unlocked at all times that the adult motion picture theater is in operation.
2. 
It shall be unlawful for any person to engage in any sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area or buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses Chapter of the State's Criminal Code (Chapter 573, RSMo.) or cause the bodily discharge of semen, urine or feces while in any sexually oriented business, excepting the discharge of urine or feces in a bathroom or restroom meeting the County's building code.
3. 
No person possessing a permit under this Article shall warn or inform any person on the business premises of the presence of any Law Enforcement Officer, Code Enforcement Officers, Health Officers or County Inspector in connection with the enforcement of the provisions of this Article by any means including, but not limited to, any electrical, mechanical or other device whether or not the device is constructed, installed or located on the premises.
4. 
The permit and the standards of operation, affirmative duties and other requirements of this Article shall apply to any entire business operation and its premises, regardless of the fact that some parts of the business operation, if conducted separately at a different location, would not be subject to permitting under this Article.
5. 
Failure to comply with the requirements of this Section and all other requirements of this Article is unlawful and a violation of this Article and shall be grounds for suspension, revocation or non-renewal of a permit pursuant to the provisions of this Article.
6. 
No permittee, employer, manager shall be held responsible for violations of this Section unless they knowingly allowed said violations to occur or willfully ignored the activity leading to said violations.
D. 
Standards Of Conduct And Operation For Adult Cabarets.
1. 
The following standards of conduct must be adhered to by employees of any adult cabaret while on the business premises:
a. 
Dancing or another live entertainment distinguished or characterized by an emphasis on the display, depiction or description of specified anatomical areas for observation by customers shall take place only in a location and manner meeting all of the following conditions:
(1) 
In a theater or open room of at least six hundred (600) square feet;
(2) 
On a stage elevated at least twenty-four (24) inches above the level on which patrons sit or stand; and
(3) 
With a horizontal separation of at least three (3) feet between the performing area, as defined by the edge of the stage or by a rail or other physical barrier on the stage and the nearest space to which customers shall have access.
b. 
No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area unless separated at least three (3) feet from the nearest customer.
c. 
No employee or entertainer shall perform or engage in any sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area or 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, as such terms are defined in the pornography and related offenses Chapter of the State's Criminal Code (Chapter 573, RSMo.) on the premises.
d. 
No employee or entertainer shall display any specified anatomical area except as provided for in Subsection (D)(1)(a) and (b) of this Section.
e. 
No employee or entertainer who is not separated from any and all customers as provided in Subsection (D)(1)(b) of this Section shall be unclothed or in less than opaque and complete attire, costume or clothing as described in Subsection (D)(1)(b) of this Section in an area of the business premises not open to customers.
f. 
No employee or entertainer shall knowingly touch any specified anatomical area of another person or knowingly permit another person to touch any specified anatomical area of the employee or entertainer. No employee or entertainer shall knowingly fondle or caress any specified anatomical area of another person, whether the area is clothed, unclothed, covered or exposed, or knowingly permit another person to fondle or caress any specified anatomical area of such employee or entertainer, whether the specified anatomical area is clothed, unclothed, covered or exposed.
g. 
No employee or entertainer shall wear or use any device or exposed to view which simulates any specified anatomical area.
h. 
No employee or entertainer shall use artificial devices or inanimate objects to display, depict or perform any specified sexual activities.
i. 
No entertainer of any adult cabaret shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, while the entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area or while performing any entertainment, either while clothed or unclothed.
j. 
No entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this Article.
k. 
No entertainer shall receive any payment or gratuity from any customer for entertainment, except as follows:
(1) 
While the entertainer is on the stage as provided in Subsection (D)(1)(a) of this Section, a customer may place the payment or gratuity in a box located between the stage and the horizontal separation described in Subsection (D)(1)(a); or
(2) 
While such entertainer is not on the stage and is clothed so as to not expose to view any specified anatomical areas, a customer may either place the payment or gratuity into the entertainer's hand or under a leg garter worn by the entertainer at least four (4) inches below the bottom of the pubic region.
2. 
At any adult cabaret, the following are required:
a. 
A sign, on which upper-case letters shall be at least two (2) inches high and lower-case letters shall be at least one (1) inch high, shall be conspicuously displayed in the common area at the principal entrance of the premises and shall read as follows:
THIS ADULT LIVE ENTERTAINMENT BUSINESS IS REGULATED BY THE COUNTY OF JEFFERSON
ENTERTAINERS ARE:
(1) 
Not permitted to engage in any type of sexual activities on the business premises or in prostitution.
(2) 
Not permitted to be unclothed or in less than opaque or complete attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola or any portion of the pubic region, buttocks or genitals, unless separated at least three (3) feet from the nearest customer and upon a stage at least twenty-four (24) inches above the immediate floor level.
(3) 
Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:
(a) 
While the entertainer is on the stage, by placing the payment or gratuity into the box affixed to the stage; or
(b) 
While the entertainer is not on the stage, by either placing the payment or gratuity into the entertainer's hand or under the entertainer's leg garter.
b. 
Neither any entertainment nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any specified anatomical area shall be visible from any public place outside the premises.
c. 
The premises 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 one (1.0) foot-candle as measured at the floor level and the illumination must be maintained at all times that any customer is present in or on the premises.
E. 
Location And Manner Of Presenting Certain Videos And Motion Pictures.
1. 
No motion picture or video which depicts as a prevailing practice, the movies, videos or other material distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein shall be shown for a fee (whether collected per feature, per unit of time or as a general admission charge to a facility) in any space of less than one hundred fifty (150) square feet.
2. 
This Section does not apply to the showing of informational videos by professionals licensed by the State to clients who pay a fee for service, where the showing of the videos is incidental to a professional service and not the subject of separate consideration from the patron.
3. 
Doors in adult motion picture theaters shall be designed so that they cannot be locked by customers or otherwise locked from the inside while the business is open. This shall not preclude a management-controlled locking system used to limit access to the theater portion of the premises, provided that at any time the shift leader can release the lock at her or his own volition or at the request of a Law Enforcement Officer, Code Enforcement Officer, Health Officer or County Inspector and lobbies shall remain unlocked at all times that the adult motion picture theater is in operation.
4. 
All aisles in adult motion picture theaters shall have theater runway/aisle lighting which illuminates the entire floor surface of the aisle at a level not less than two-tenths (0.2) foot-candle.
5. 
Any motion picture arcade booth establishment or motion picture arcade booth, which is the subject of a certificate of legal non-conformance, shall be exempt from this Section as a legal non-conforming use and shall be subject to the provisions of Section 400.1850(F).
F. 
Operation Of Motion Picture Arcade Establishments.
1. 
If any motion picture arcade booth exists on the permitted premises, the permittee shall have the following additional affirmative duties in the operation of the business:
a. 
Ensure that each motion picture arcade booth shall have at least one (1) side which is completely open to adjacent public rooms or adjacent hallways and meets all the following conditions:
(1) 
The adjacent hallway shall meet the requirements of the County building code and the adjacent hallway must serve more than one (1) motion picture arcade booth;
(2) 
The open side of each motion picture arcade booth shall be completely open to adjacent public rooms or adjacent hallways and the open side of each motion picture arcade booth shall be not less than twenty-four (24) inches in width and not less than eighty (80) inches in height as measured from the level of the floor of the booth.
(3) 
Then entire floor area of the interior of each motion picture arcade booth shall have a uniform elevation and the elevation of the entire floor area of the interior of each motion picture arcade booth shall be uniform with the floor elevation of adjacent public rooms or adjacent hallways.
(4) 
No furniture of any kind shall be positioned in a booth with the exception of one (1) chair or seating platform meeting the requirements of this Section;
(5) 
A chair or seating platform authorized under this Section to be used in a booth shall rest on the floor of the booth and the surface of the seat, including any cushion or other padding on the chair or seating platform, shall not exceed nineteen (19) inches in height as measured from the surface of the floor;
(6) 
The back rest of any chair or seating platform used in a booth shall not exceed thirty-six (36) inches in height as measured from the surface of the floor nor exceed eighteen (18) inches in width;
(7) 
No chair or seating platform used in a booth shall be equipped with armrests, shades, canopies or any other device which obstructs the view of a person's lap while the person is seated on the chair or seating platform.
b. 
Ensure that the visibility from adjacent public rooms or adjacent hallways into each motion picture arcade booth through the open side of the booth shall not be obstructed by any temporary or permanent curtain, door, wall, enclosure, chair or other device, except as follows:
(1) 
All doors shall be so swung upon their hinges and constructed that said doors shall open outward;
(2) 
All doors shall at no time be locked or constructed in such a manner that the occupant may lock himself/herself into the viewing area;
(3) 
A door to the viewing area may be constructed so as to reduce the visibility of the entertainment afforded in the viewing room from persons outside the viewing area, but shall be constructed as to permit easy inspection of the viewing area by persons in the aisle and to determine that not more than one (1) person is occupying the viewing area. To this end, the door to the viewing area shall not extend below twenty-four (24) inches above the floor and the door shall contain a window consisting of a translucent material which is at least twenty (20) inches in height and eighteen (18) inches in width and whose lower edge shall be located approximately forty-eight (48) inches from the floor level, through which a human form may be readily ascertainable. A required constant light level of at least four (4) foot-candles at floor level as well as a continuous unobstructed view through the door windows must be maintained and not subject to alteration, obscuring or diminution by any acts of any patrons, employees, agents or representatives of the licensee. Any such occurrence of a reduction in the ability to inspect these viewing rooms through an act of omission or commission by any person shall be considered a violation of the intent of this administrative determination and likewise of this Section of the Order.
(4) 
Specifications of the viewing window referred to in Subsection (F)(1)(b)(3) above are as follows:
(a) 
Not less than twenty (20) inches in height (vertical);
(b) 
Not less than eighteen (18) inches in width (horizontal);
(c) 
The lower edge shall be positioned approximately forty-eight (48) inches from the floor;
(d) 
The translucency of this window shall create an ease and range of view from the outside that is at least equal to a sample known as Rohm and Haas three-sixteenths (3/16) inch acrylic DP-32.
c. 
Ensure that the hallways and public rooms adjacent to motion picture arcade booths shall be illuminated in such a way that the entire area inside each motion picture arcade booth is visible to persons in adjacent public rooms or adjacent hallways;
d. 
Ensure that no more than one (1) person occupies a motion picture arcade booth at one (1) time and if more than one (1) person is found in a motion picture arcade booth, that those persons are immediately escorted from the establishment;
e. 
Ensure that there are no openings in the walls between motion picture arcade booths, which shall include the duty to cover immediately any opening that is found; and each business day, to inspect the walls between the motion picture arcade booths to determine if any openings or holes exist;
f. 
Ensure that there is at least one (1) employee on duty and situated in the manager's station or walking through the hallways adjacent to the motion picture arcade booths at any time that any booth is occupied;
g. 
Ensure that the manager or employee on duty shall make a visual inspection of the inside of each motion picture arcade booth at least once each hour during the hours of operation and maintain a daily log to record the time, a description of the conditions found and the name and signature of the person who conducted the visual inspection;
h. 
Ensure that there are no porous surfaces on the floors, walls or seats in any motion picture arcade booth;
i. 
Ensure that the manager or other employee on duty can actually see the unobstructed interior of every motion picture arcade booth from the manager's station or from a hallway accessible to the public. This duty shall include the duty to remove any obstacle blocking the view, to repair any electronic device providing such view and, where the prompt removal or repair is not possible, to close to public use the affected motion picture arcade booth(s) until full visibility of the interior can be re-established;
j. 
Ensure and prevent any person occupying a motion picture arcade booth from engaging in any "specified sexual activities" or causing any bodily discharge of semen, urine or feces while inside the motion picture arcade booth; and
k. 
Ensure and prevent the presence of any video production, reproduction or transmission equipment in any restroom in the establishment.
2. 
It shall be unlawful for any person occupying a motion picture arcade booth to engage in any specified sexual activities or to cause any bodily discharge of semen, urine or feces while inside the motion picture arcade booth.
3. 
Establishments with "media rooms", "preview rooms" or other spaces, because they are nominally designed to seat ten (10) or more people, shall have until sixty (60) days after the enactment date of this Article to remove the doors from those rooms and to take other actions to bring those spaces into compliance with Subsection (F)(1)(a), (b) and (c). As an alternative, the establishment may replace those rooms with not more than the number of motion picture arcade booths existing in the same space prior to the enactment date of this Article, provided that each and every replacement motion picture arcade booth shall fully conform to the requirements of this Section and particularly with Subsection (F)(1)(a), (b) and (c); any booths created by conversion under this Section shall be treated as legal non-conforming uses, as though they had existed continuously from the date of enactment of this Article.
4. 
This Section shall apply only to motion picture arcade booth establishments and motion picture arcade booths which qualified as legal non-conforming uses on the date of the enactment of this Article and which are the subject of an appropriate certificate of legal non-conformance. Any motion picture arcade booth establishment or motion picture arcade booth which is the subject of a certificate of legal non-conformance shall be exempt from the provisions of Section 400.1850(E) but shall be subject to the provisions of this Section 400.1850(F).

Section 400.1860 Permits - Enforcement.

[Zoning Order §5.440, 4-2-2008]
A. 
Motion Picture Arcade Booth Establishments — Additional Enforcement. In addition to the enforcement procedures set forth in Section 400.1860(G) and Sections 400.1860(B) through (E) of this Article, the Director may enforce the provisions of this Article pertaining to motion picture arcade establishments through the following administrative enforcement procedure:
1. 
The Director or an authorized representative may issue a written notice and order to the owner, operator, manager or person in charge of a motion picture arcade booth establishment of any violation of the requirements or duties set out in this Article requiring that at least one (1) side of each motion picture arcade booth shall be completely open, that the surface of all walls between booths be maintained free of holes or other structural openings, that the visibility from adjacent public rooms or adjacent hallways into each motion picture arcade booth through the open side of the booth is not obstructed by any temporary or permanent curtain, door, wall, enclosure, chair or other device and that no more than one (1) person occupy a booth at any one (1) time. The notice and order shall set forth the alleged violations of this Article, describe the premises where the violations are alleged to exist and specify a period of forty-eight (48) hours from the time of service of the notice and order for the correction of any violation alleged. If the booth walls are found to have holes during three (3) separate inspections, then the Director may order that the surface of all walls between booths be covered with no thinner than sixteen-hundredths (.16) gauge metal.
2. 
The notice and order shall be served upon the owner, operator or person in charge of the motion picture arcade booth establishment by delivery of a copy of the notice and order to such owner, operator, manager or person in charge of a motion picture arcade booth establishment or by leaving such copy at their usual place of abode with a member of the family over the age of fifteen (15) years or by mail addressed to the owner, operator or person in charge or agent thereof. If service is by mail, the notice and order will be deemed to have been served seventy-two (72) hours after it was placed in the U.S. mail. If one (1) or more persons to whom such notice and order is addressed cannot be found after diligent effort to do so, service may be made upon such person by posting the notice and order in or about the premises described in the notice and order and by causing such notice and order to be published in a newspaper of general publication. If service is by posting and publication, the notice and order will be deemed to have been served seventy-two (72) hours after posting or publication, whichever occurs later.
3. 
If the Director or authorized designee finds that the alleged violation still exists after forty-eight (48) hours from the time of service, the Director or his or her designee may order the closure of the portion of the establishment containing the booths and shall prominently post notice of the closure on the premises. Any closure shall remain in effect until the Director determines that the violations have been abated. If the owner, operator, manager or person in charge of the establishment believes that the violations have been abated but the Director disagrees, the owner, operator, manager or person in charge may request a hearing in writing. The hearing shall be before the Board of Zoning Adjustment and shall be provided within ten (10) days of receipt of the written request. The Board of Zoning Adjustment may from time to time establish rules governing the conduct of the hearings.
4. 
To prevent a stay or closure, the owner, operator, manager or person in charge of the motion picture arcade booth establishment may request a hearing within forty-eight (48) hours of the time of service of a notice and order. The request for a hearing must be in writing. The hearing shall be before the Board of Zoning Adjustment and shall be provided within ten (10) days of receipt of the written request. The filing of a written request for a hearing shall stay the Director's power to order closure until after the hearing is concluded and an administrative decision has issued finding a violation enforced under this Section. The Board of Zoning Adjustment may from time to time establish rules governing the conduct of the hearings.
B. 
Hearing For Assessment Of Points, Suspension, Revocation Or Non-Renewal Of Permit — Hearing Procedures.
1. 
Scheduling hearings. When the Director has information that:
a. 
Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than twelve (12) points within the previous six (6) months under Section 400.1860(D) of this Article;
b. 
Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than twenty-four (24) points within the previous twelve (12) months under Section 400.1860(D) of this Article;
c. 
A permittee has filed a request with the Director for a hearing after the assessment of any points under Section 400.1860(D) of this Article;
d. 
Any material representation on the permit application was untrue;
e. 
The permittee or the permittee's spouse or any partner, officer, director or member, beneficiary or person with greater than five percent (5%) ownership interest in the sexually oriented business has another permit revoked under this Article;
f. 
The permittee or any spouse, partner, officer, director or member, beneficiary or person with greater than five percent (5%) ownership interest in the sexually oriented business has within the previous ten (10) years been convicted of, or remains under confinement for, any felony, misdemeanor ordinance violation or municipal ordinance violation involving sexual offenses, prostitution, sexual abuse of a child or pornography and related offenses as defined in the State of Missouri's Criminal Code, Chapters 556 to 600, RSMo., inclusive, or similar Statutes in the other States or controlled substance or illegal drugs or narcotics offenses as described in the State of Missouri's Comprehensive Drug Control Act, Chapter 195, RSMo.;
g. 
The permittee has been suspended three (3) other times during the previous twelve (12) month period under Section 400.1860(C) of this Article; or
h. 
Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than thirty-six (36) points within the previous twenty-four (24) months under Section 400.1860(D) of this Article;
then the Director shall after no less than ten (10) days' written notice to the permittee hold a hearing in the manner provided in this Article to ascertain all facts in the matter. Notice of the hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the permittee and shall be served upon the permittee in person or by registered or certified mail to the permittee's last known address. If the Director is not able to serve notice upon the permittee in person and any notice sent by mail is returned by the postal service, the Director shall cause such notice to be posted at the principal entrance of the sexually oriented business and the posting shall be a valid means of service. If the Director finds and concludes from the evidence that the permittee has violated any of the provisions contained in this Subsection or Subsections (C) or (D), he or she may affirm or reverse the assessment of any point against a permittee pursuant to the provisions of Subsections (C) or (D) or suspend or revoke the permit issued under this Article or, in case of renewal application, refuse to renew the permit.
2. 
Hearing procedures. The following procedures shall apply to all hearings conducted under this Section:
a. 
The burden of proof in a hearing involving the possible assessment of points, suspension, revocation or non-renewal of a permit issued under this Article shall be "by the preponderance of the evidence", regardless of the fact that some of the criteria for suspension or revocation refer to acts that may be criminal in nature and that thus would involve a higher standard of proof in another context. The Director may take administrative notice of any conviction of a crime or civil infraction pertinent to the proceedings.
b. 
The applicant, permittee or an owner, as the case may be, shall have full right to be represented by counsel, produce witnesses and other evidence and to cross-examine witnesses. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearing shall be recorded and transcribed as required by law. The Director may receive evidence relevant to the issues from the applicant, permittee or from other sources. Witnesses may be subpoenaed and, upon request of any party, the Board of Zoning Adjustment shall issue subpoenas and in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in the Circuit Court.
c. 
If a hearing is held under the provisions of this Article, then the Director shall issue findings of fact and conclusions of law and an order wherein he or she may approve or disapprove an application or dismiss a complaint, affirm or reverse the assessment of points against a permittee or suspend or revoke a permit previously issued or renew or refuse to renew a permit previously issued. The Director's order shall be served upon the applicant or permittee, as the case may be, in person or by registered or certified mail to the applicant or permittee's last known address. If the Director is not able to serve the order upon the applicant, permittee or applicant for renewal permit in the manner stated in this Subsection and any notice sent by mail is returned by the postal service, the Director shall cause the order to be posted at the principal entrance of the sexually oriented business and that posting shall be a valid means of service. The Director's order shall also be posted thirty (30) days in the office of the County Clerk.
3. 
Review. Unless otherwise provided in this Article, any applicant or any other person aggrieved by the decision of the Director under the provisions of this Article may seek judicial review in a manner provided by law. The cost of a transcript of a hearing before the Director shall be paid by the party requesting the transcript.
C. 
Suspension, Revocation Or Non-Renewal Of Permit. Whenever the Director has information that:
1. 
An employee of a sexually oriented business has violated or knowingly allowed or permitted the violation of any of the provisions of this Article;
2. 
While acting as an employee of a sexually oriented business, there have been recurrent violations of provisions of this Article such that the employee of a sexually oriented business knew or should have known that such violations were committed;
3. 
A permit received by any person under the provisions of this Article was obtained through false statements in the application for such permit or renewal thereof;
4. 
A permittee under the provisions of this Article failed to make a complete disclosure of all information in the application for such permit or renewal thereof; or
5. 
A permittee has become disqualified from having a permit by a conviction as provided by Section 400.1840 of this Article;
then the Director shall hold a hearing in the manner provided in this Article to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the permittee and shall be served upon the permittee in person or by registered or certified mail to the permittee's last known address. If the Director finds and concludes from the evidence that the permittee has violated any of the provisions listed in this Section, he or she may suspend, for a period not to exceed ninety (90) days, or revoke the permit issued under this Article or, in the case of a renewal application, refuse to renew the permit.
D. 
Criteria For Suspension Of License.
1. 
The Director shall suspend the permit issued under this Article if the Director finds that:
a. 
Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than twelve (12) points under Subsection (2) below within the previous six (6) months, or
b. 
Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than twenty-four (24) points under Subsection (2) below within the previous twelve (12) months.
2. 
Point system.
a. 
One (1) point shall be assessed and accumulated against the permit for each violation as determined by the Director of the following affirmative duties:
(1) 
Section 400.1850(C)(1)(a). Business open to customers when there is no designated shift leader and/or failure to prominently display the shift manager's name at or near the manager's station.
(2) 
Section 400.1850(C)(1)(b) and Section 400.1850(D)(2)(c). Failure to ensure proper lighting intensity, failure to ensure that all lighting, including theater runway/aisles lighting, actually operates with working bulbs turned on during all hours of business.
(3) 
Section 400.1850(C)(1)(c). Failure to post and enforce "no loitering" signage; and Section 400.1850(D)(2)(a). Improper display of signage.
(4) 
Section 400.1850(C)(1)(j). Failure to prevent the display of sexually explicit materials inside the business premises from being viewable from a public place or viewable within portions of the business open to the general public.
(5) 
Section 400.1850(D)(1)(a).
(a) 
Allowing live entertainment in a theater or open room less than six hundred (600) square feet.
(b) 
Failure to elevate stage twenty-four (24) inches above the area where patrons sit or stand.
(c) 
Failure to maintain a horizontal separation of at least three (3) feet between the performing area and nearest costumer access area.
(6) 
Section 400.1850(D)(1)(g). Employees wearing devices or coverings exposed to view which simulate any specified anatomical areas.
(7) 
Section 400.1850(D)(1)(i). Allowing employee to be visible from any public place while performing or while in an unclothed state.
(8) 
Section 400.1850(D)(2)(b). Entertainment, photograph, drawing, sketch or other pictorial or graphic representation therefore displaying any specified anatomical area being visible from any public place outside the premises.
(9) 
Section 400.1850(E)(1). Motion picture, movie, video or other material which depicts as a prevailing practice or is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons for a fee in any space of less than one hundred fifty (150) square feet.
(10) 
Section 400.1850(E)(3). Doors in adult motion picture theaters not designed to keep customers from locking them from the inside while the business is open.
(11) 
Section 400.1850(E)(4). Aisles in adult movie theaters shall have theater runway/aisle lighting illuminating the entire floor surface of the aisle at a level not less than two-tenths (0.2) foot-candles.
(12) 
Section 400.1850(F)(1)(a). Improper booth construction and seating design.
(13) 
Section 400.1850(F)(1)(c). Hallways and public rooms adjacent to motion picture arcade booths are not properly illuminated.
(14) 
Section 400.1850(F)(1)(b), (g) and (i). Improper or lack of invisibility due to improper door or window construction, defective surveillance equipment or lack of due diligence by shift manager. Failure to maintain activity logs.
(15) 
Section 400.1850(F)(1)(f). Customer occupancy of a video booth in the absence of an employee on duty in the manager's station or adjacent hallways.
(16) 
Section 400.1850(F)(1)(h). Porous surfaces on the floors, walls or seats in any motion picture arcade booth.
b. 
Two (2) points shall be assessed and accumulated against the permit for each violation as determined by the Director of the following affirmative duties:
(1) 
Section 400.1850(C)(1)(f). Failure to ensure that no gambling takes place on the business premises.
(2) 
Section 400.1850(C)(1)(h). Sale, distribution, delivery or use of any alcoholic beverages of any kind on the business premises in the absence of a liquor license.
(3) 
Section 400.1850(C)(1)(i). Presence of persons under eighteen (18) years of age.
(4) 
Section 400.1850(C)(1)(m). Doors in adult motion picture theaters not designed and maintained to stay unlocked.
(5) 
Section 400.1850(D)(1)(b). Employees or entertainers unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area unless separated at least three (3) feet from the nearest customer.
(6) 
Section 400.1850(D)(1)(d). Employee or entertainer displaying any specified anatomical area except as provided for in Sections 400.1850(D)(1)(a — b).
(7) 
Section 400.1850(D)(1)(e). Employee or entertainer in less than opaque and complete attire, costume or clothing in any area of the business not open to customers and not separated as from customers as set out in Section 400.1850(D)(1)(b).
(8) 
Section 400.1850(D)(1)(f). Inappropriate touching of specific anatomical areas between an employee or entertainer and a customer.
(9) 
Section 400.1850(D)(1)(h). Use of an artificial device or inanimate object to display, depict or perform any specified sexual activities.
(10) 
Section 400.1850(D)(1)(j) and (k). Soliciting payment or gratuity for prohibited acts or improper contact receiving a gratuity.
(11) 
Section 400.1850(F)(1)(e). Presence of opening in the wall between picture arcade booths. Failure to inspect correct same.
c. 
Unless otherwise provided in this Section, three (3) points shall be assessed and accumulated against the permit for each violation as determined by the Director of the following affirmative duties:
(1) 
Sections 400.1850(C)(1)(d); 400.1850(C)(1)(k); 400.1850(C)(2); 400.1850(D)(1)(c); 400.1850(F)(1)(j) and 400.1850(F)(2). Improper sexual activity in violation of Chapter 573, RSMo. Improper discharge of bodily fluids.
(2) 
Section 400.1850(C)(1)(e). Solicitation for prostitution.
(3) 
Section 400.1850(C)(1)(g). Unlawful sale, distribution, delivery or use of controlled substances, illegal drugs or narcotics on the premises.
(4) 
Section 400.1850(C)(3). Alerting, warning or informing any person on the business premises to the presence of any Law Enforcement Officer, Health Officer or County Inspector.
(5) 
Section 400.1850(F)(1)(d). Occupancy of a motion picture arcade booth by more than one (1) person.
(6) 
Section 400.1850(F)(1)(k). Presence of video production, reproduction or transmission equipment in any restroom in the establishment.
d. 
Point totals for actions constituting crimes or misdemeanors under State law or County ordinance shall be reduced by half for any instance in which the Director finds that the permittee or an employee of the permittee reported the violation to the Sheriff's office before the arrival of the first (1st) Law Enforcement Officer at the business premises, regardless of whether the report is the first (1st) report of this instance to the Sheriff's office.
e. 
Point totals for actions constituting crimes or misdemeanors under State law or County ordinance shall be doubled for any instance in which the Director finds that the permittee was directly involved in the violation or that an employee was directly involved and that the permittee reasonably should have known of the involvement.
3. 
The Director shall mail a written notice to the permittee when any point is assessed against a permittee within five (5) days of the assessment of the point(s). If, within ten (10) days after the mailing notice to the permittee that any point has been assessed against the permittee, the permittee files with the Director a written request for a hearing before the Director to contest the assessment of any point, then the Director shall, within five (5) days of receipt of a timely request, mail a notice of a hearing to the permittee, which shall include the date, time and place for the hearing before the Director. The date for the hearing shall be not less than thirty (30) days nor more than forty (40) days following a request for a hearing unless there is due cause.
4. 
The first (1st) suspension shall be for a period of at least five (5) days and not more than ten (10) days; the second (2nd) suspension within any twelve (12) month period shall be for at least ten (10) days and not more than twenty (20) days; the third (3rd) suspension during any twelve (12) month period shall be for at least thirty (30) days and not more than sixty (60) days; and any suspension after the third (3rd) suspension during any twelve (12) month period shall be for at least sixty (60) days and not more than ninety (90) days.
E. 
Criteria For Revocation Of Permit. The Director shall revoke a permit issued under this Article if the Director finds that:
1. 
Any material representation on the permit application was untrue; or
2. 
The permittee or the permittee's spouse, partner, officer, director or member, beneficiary or shareholder with greater than a five percent (5%) ownership interest in the sexually oriented business has had another permit revoked under this Article; or
3. 
The permittee or any spouse, partner, officer, director or member, beneficiary or shareholder with greater than a five percent (5%) ownership interest in permittee has within the previous ten (10) years been convicted of, or remains under confinement for, any felony or misdemeanor involving sexual offenses, prostitution, sexual abuse of a child or pornography and related offenses as defined in the State of Missouri's Criminal Code, Chapters 556 to 600, RSMo., inclusive, or similar Statutes in other States or controlled substances or illegal drugs or narcotics offenses as described in the State of Missouri's Comprehensive Drug Control Act, Chapter 195, RSMo.; or
4. 
The permit has been suspended three (3) other times during the previous twelve (12) months; or
5. 
Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than thirty-six (36) points under Section 400.1860(D)(2) within the previous twenty-four (24) months.
F. 
Renewal Of Permits.
1. 
A sexually oriented business operator's permit or sexually oriented business employee permit issued under this Article may be renewed by making application to the Director on application forms provided for that purpose. Permits shall expire on November thirtieth (30th) of each calendar year and renewal applications for such permits shall be submitted between November first (1st) and November twenty-first (21st) of each calendar year.
2. 
Upon timely application thereof, a sexually oriented business operator's permit or sexually oriented business employee permit issued under the provisions of this Article shall be renewed by issuance of a new permit in the manner provided by Section 400.1840(F) unless the Director disapproves the renewal application in the manner provided in Section 400.1840(G) or (H). However, an applicant for a renewal license shall have no duty to request confirmation of compliance with other County ordinances as required in Section 400.1840(F), no inspections by other County departments shall be required unless requested by the Director and the requirements of Section 400.1840(E) shall not apply.
3. 
Upon the filing of a timely application for renewal of permit issued under the provisions of this Article, the Director shall issue a temporary permit to the applicant, which temporary permit shall remain in effect until the Director has approved or disapproved the application. If a hearing is held as required by Section 400.1840(G), the temporary permit shall remain in effect until the Director has issued an order following the hearing. However, if any hearing required by Section 400.1840(G) is delayed at the request of the applicant, the temporary permit issued under the provisions of this Subsection shall expire as of the date the hearing was scheduled by the Director, unless the applicant shows good cause for the delay.
4. 
Any applicant issued a temporary permit under the provisions of this Section shall comply or continue to comply with the provisions of this Article. Additionally, an applicant issued a temporary permit under the provisions of this Section shall be subject to the penalty provisions provided in this Article.
5. 
If the application for renewal of a permit is not made during the time provided in the Section 400.1840(F)(1) of this Section, the permit shall expire and the permittee shall cease those activities authorized under this Article and the permittee shall file a new application and meet all requirements of this Article before engaging in the business or occupations regulated under this Article. An application for renewal filed after the expiration date shall be treated as a new application.
G. 
Judicial Review. Following the entry of an order by the Director assessing points against a permittee, suspending or revoking a permit or disapproving a new or renewal application for a permit, such permittee or applicant may seek judicial review in a manner provided by the law. The Director shall stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing or final disposition of proceedings for judicial review.
H. 
Informal Disposition. Nothing contained in this Article shall preclude the informal disposition of contested cases by stipulation, consent order or default or by agreed settlement.
I. 
No Transfer Of Permit.
1. 
A permittee shall not transfer any permit to another, nor shall a permittee operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application and set forth in the operator's permit.
2. 
An operator's permit shall not be transferable from one location to another.

Section 400.1870 General.

[Zoning Order §5.450, 4-2-2008]
A. 
Exemptions. Notwithstanding any other provision in this Article, movies rated "G", "PG", "PG-13" or "R" by the Motion Picture Association of America (MPAA) or live theatrical performances or paintings with serious artistic, social or political value that depict or describe specified anatomical areas or specified sexual activities are expressly exempted from regulation under this Article.
B. 
Notices.
1. 
Any notice required or permitted to be given by the Director under this Article to any applicant, operator or owner of a sexually oriented business may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the permit or any notice of address change that has been received by the Director. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the Director or his or her designee shall cause it to be posted at the principal entrance to the establishment.
2. 
Any notice required or allowed to be delivered to the Director by any person under this Article shall not be deemed delivered until and unless it is received in the office of the Director.
3. 
It shall be the duty of each applicant, owner or operator or any person designated on a permit application to furnish notice to the Director in writing of any change of residence or mailing address.
C. 
Severability. It is hereby declared to be the intention of the County Council that the Sections, paragraphs, sentences, clauses and phrases of this Article are severable and if any phrase, clause, sentence, paragraphs or Section of this Article shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Sections of this Article, since the same would have been enacted by the County Council without the incorporation in this Article of any such unconstitutional or invalid phrase, clause, sentence, paragraph or Section.
D. 
Authority To Prescribe Additional Regulations. The County shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of the office and which are not inconsistent with the provisions of this Article.
E. 
Penalty For Violation Of Article. It shall be unlawful for any person to violate any of the provisions of this Article. Upon conviction thereof, such person shall be fined up to one thousand dollars ($1,000.00) or be punished by imprisonment not to exceed one (1) year or be punished by both such fine and imprisonment. Each day's violation of or failure, refusal or neglect to comply with any provision of this Article shall constitute a separate and distinct offense. The penalties provided in this Section are cumulative and in addition to and are separate from any administrative action to assess the points against a permit; suspend, revoke or disapprove renewal of a permit; to order the closure of any portion of a motion picture arcade booth establishment containing motion picture arcade booths; or to seek any other remedy at law.
F. 
Injunction. With or without the issuance of a suspension, revocation, non-renewal, an administrative written notice and order, the initiation of criminal prosecution or any other legal proceedings, the County may apply to the appropriate court for injunctive relief, which would require the correction or abatement of any violation of this Article. The initiation or exhaustion of one (1) of these enforcement proceedings shall not be a prerequisite to the initiation of any other of these enforcement proceedings. Different types of enforcement proceedings may be pursued concurrently.
G. 
Conflicting Ordinances, Codes, Regulations And Orders Not Applicable. All ordinances, codes, regulations and orders or parts thereof in conflict with the provisions of this Article shall not apply.
H. 
Effective Date Of Article — Existing Sexually Oriented Businesses.
1. 
The Director shall identify each owner or operator of a sexually oriented business requiring a permit pursuant to this Article, shall notify the owner or operator of the enactment of this Article and shall furnish a copy of this Article to the owner or operator.
2. 
Any owner or operator of a sexually oriented business shall be required to obtain a sexually oriented business operator's permit under the provisions of this Article, shall submit a completed application for a permit, in the manner provided by this Article, no later than one hundred twenty (120) days after the enactment of this Article.
3. 
If any owner or operator of a sexually oriented business that meets the requirements of Section 400.1870(H)(1) of this Section, and which shall be required to obtain a sexually oriented business permit under the provisions of this Article, shall fail to submit a completed application during the time provided in Section 400.1870(H)(2) of this Section, the provisions of this Article shall become effective with respect to that business no later than thirty (30) days after notification of the enactment of this Article.
4. 
The Director shall investigate the application from any owner or operator who meets the requirements of Section 400.1870(H)(1) of this Section in the manner provided by this Article and shall approve or disapprove such application in the manner provided in Section 400.1840(G) provided that the requirements of Section 400.1840(E) shall not apply to that particular application.
5. 
If any owner or operator of a sexually oriented business that meets the requirements of Section 400.1870(H)(1) of this Section shall submit a completed application during the time provided in Section 400.1870(H)(2) of this Section, the other provisions of this Article shall not become effective until the application is approved or, if the application is disapproved, until ten (10) days after the disapproval.
6. 
For any person who does not meet the requirements of Section 400.1870(H)(1) of this Section and who shall be required to obtain a sexually oriented business permit under the provisions of this Article, the provisions of this Article shall become effective ten (10) days after enactment of this Article.