(a)

The M-1 District is intended and designed to provide flexibility in the location of certain limited commercial, manufacturing and industrial uses while maintaining protection for nearby non-industrial districts. The M-1 District is characterized by large lots, with landscaped grounds and ample provisions for off-street parking and loading spaces, and structures generally one (1) or two (2) stories in height.

(a)

Only the use of structures or land listed in this section shall be permitted in the M-1 District; provided, however, that all manufacturing, assembling, compounding, processing, packaging or other comparable treatment, including storage of any and all materials and equipment, shall take place within completely enclosed buildings except for parked motor vehicles and off-street parking and loading as required by Chapter 19.06. In addition, all open areas not used for off street parking or loading shall be planted with grass, properly maintained and kept free from refuse and debris. No new residential uses shall be permitted unless accessory to a permitted principal use:

(1)

Assembly of small electrical appliances, small industrial and electronic instruments and devices, radios, phonographs and television sets, including the manufacture of small accessory parts only, such as coils, condensers, transformers, crystal holders and similar products.

(2)

Commercial trade schools and business colleges.

(3)

Compounding and packaging of drugs, pharmaceuticals, cosmetics, perfumes and toiletries.

(4)

Laboratories; research, experimental and testing.

(5)

Manufacturing, assembling, compounding, processing, packaging or other comparable treatment of the following:

a.

Bakery goods, candy and food products.

b.

Cameras and other photographic equipment.

c.

Electric and neon signs, outdoor advertising signs.

d.

Medical, dental and drafting instruments.

e.

Musical instruments, toys, novelties and rubber and metal headstamps.

f.

Pottery and other ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

g.

Products from the following previously prepared materials: Bone, canvas, cellophane, cloth, cork, rope, cord, twine, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, cardboard, plastics, natural and synthetic rubber, precious or semi-precious metals or stones, shells, textiles, tobacco, wax; wood, yarns, light metal mesh, pipe, rods, strips or wire.

h.

Small precision instruments, such as barometers, clocks, watches and compasses.

(6)

Office buildings.

(7)

Printing, lithographing or film processing plants.

(8)

Radio and television broadcasting stations and studios, but not including antennas or towers.

(9)

Warehouses for storage of merchandise or material in connection with the uses permitted in this district only.

(10)

Mini-storage facility.

(11)

The uses hereinafter listed may be permitted subject to the approval by the board of adjustment after a public hearing. In its determination upon the particular uses at the location requested, the board shall consider all of the following provisions:

a.

That the proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property. To this end, the board may require that appropriate landscaping, walls, fences or other artificial screens be provided as buffers to minimize the effects of these uses on adjoining or surrounding property;

b.

That such use shall not impair an adequate supply of light and air to surrounding property;

c.

That such use shall not unduly increase congestion in the streets or public danger of fire and safety;

d.

That such use shall not diminish or impair established property values in adjoining or surrounding property; and

e.

That such use shall be in accord with the intent, purpose and spirit of this ordinance and the comprehensive plan of the city.

f.

Applications for a conditional use permit under the terms of this section shall be accompanied by evidence concerning the feasibility of the proposed request and its effect on surrounding property and shall include a site plan in accordance with the site plan provisions of this chapter, defining the areas to be developed for buildings and structures, the areas to be developed for parking, the locations and driveways and the points or ingress and egress, including access roads where required, the location and height of walls, the location and type of landscaping, the location, size and number of signs and the manner of providing water supply and sewage treatment facilities.

g.

In the event a conditional use permit is granted under the terms of this section, any change thereafter in the approved use or site plan shall be resubmitted and considered in the same manner as the original application.

i.

Adult Entertainment Businesses. It is the purpose of this ordinance to regulate adult entertainment businesses to limit their inherent adverse impact in the community while at the same time permitting lawful businesses to conduct operations in the community. The City Council finds as evidenced in other cities that the number of adult entertainment businesses is increasing and that, because of their very nature, are recognized as having serious, objectionable operational characteristics, which are magnified when located in close proximity to dwellings, churches, schools, and parks. Special regulation of adult entertainment businesses is necessary to ensure that these adverse affects will not contribute to the blighting or downgrading of the surrounding neighborhood. The City Council further finds that these regulations are necessary to protect the youth of this community from the objectionable operational characteristics of such businesses by restricting their location. The City Council further finds that these regulations are necessary to protect the health, safety and general welfare of all residents of the community.

ii.

Definitions.

Adult. As used in this ordinance refers to a person who has attained the age of eighteen (18) years.

Adult entertainment businesses. A business which as a part of or in the process of delivering goods and services displays to its patrons specified sexual activities or specified anatomical areas in printed form or through any form of photographic medium or by use of male or female models. In reference to the above, the following definitions shall apply:

a)

Specified sexual activities. Any sexual contact, actual or simulated, either natural or deviate, between two (2) or more persons, or between a person and an animal, by penetration of the penis into the vagina or anus, or by contact between a finger of one (1) person and the genitalia of another person or by use of artificial sexual organs or substitute therefore in contact with the genitalia or anus.

b)

Specified anatomical areas include the following. Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.

c)

Substantial. More than twenty-five (25) percent of the book, magazine, film or video tape inventory are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

d)

Adult art or adult modeling studio. An establishment or business which provides the services of modeling for the purpose of viewing and/or reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise; provided entrance to such establishment and such services are available only to adults.

e)

Adult artist—Body painting studio. An establishment or business which provides the services of applying paint or other substance whether transparent or non-transparent to or on the human body when such body is wholly or partially nude; provided entrance to such establishment and such services are available only to adults.

f)

Adult bath house. An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy; provided entrance to such establishment and such services are available only to adults; and not including such services provided by a medical practitioner or professional physical therapist licensed by the State of Iowa.

g)

Adult book store. An establishment or business having a substantial part of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein and limited in sale of such sexual materials to adults.

h)

Adult cabaret. A cabaret which features go-go dancers, exotic dancers, or strippers.

i)

Adult motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".

j)

Adult motion picture arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, 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 an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas".

k)

Adult motion picture theater. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

l)

Adult mini motion picture theater. An enclosed building with a capacity for less than fifty (50) persons used for presenting motion pictures, slides or photographic reproductions distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein for observation by patrons therein.

m)

Adult massage. Any method of treating the external parts of the human body by rubbing, striking, kneading, tapping or vibrating with the hand, other parts of the body, or any instrument, for any consideration or gratuity.

n)

Adult massage establishment. Any establishment having a fixed place of business where massages are administered for any form of consideration or gratuity, including but not limited to, massage parlors, health clubs, sauna baths, and steam baths. This definition shall not be construed to include an establishment employing (1) persons licensed by the State of Iowa under the provisions of Chapters 148, 148A, 148B, 1509, 150A, 151, 152, 157 or 158 of the Iowa Code, when performing massage services as a part of the profession or trade for which licensed; (2) persons performing massage therapy or massage services under the direction of a person licensed as described in (1) above; (3) persons performing massage therapy or massage services upon a person pursuant to the written instruction or order of a licensed physician; (4) nurses, aides, technicians and attendants at any hospital or health care facility licensed pursuant to Chapter 135B, 135C or 145A of the Iowa Code, in the course of their employment and under the supervision of the administrator thereof or of a person licensed as described in (1) above; (5) an athletic coach or trainer (i) in any accredited public or private secondary school, junior college, college or university, or (ii) employed by a professional or semi-professional athletic teams or organization, in the course of his or her employment as such coach or trainer. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, or recreational and athletic facilities, and facilities for the welfare of the residents of the area.

o)

Juice bar. Any establishment where alcoholic beverages are prohibited and where for any form of consideration or gratuity, models, dancers, strippers, and similar entertainers perform in nude or semi-nude for observation by patrons therein.

p)

Model studio. Any establishment where for any form of consideration or gratuity, models who display specified anatomical areas are provided to be observed, or subject to lawful tactile conduct, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude or semi-nude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity.

q)

Model. Any person who for consideration or gratuity appears either nude or semi-nude to be either viewed, photographed, sketched, drawn, sculptured; to dance; to provide reading or counseling sessions; for body painting; to deliver a service or in connection with the sale of merchandise; or to present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

r)

Nude encounter parlor means an establishment having a fixed place of business where any person, therein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of viewing any person or persons or the actual encounter of any person or persons depicting, describing or relating to "specified sexual activities" as defined herein.

s)

Nude photographic parlor means an establishment having a fixed place of business, where any person, association, firm or corporation therein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on any business of photographing any person or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein.

t)

Any one (1) or more of the above or similar uses, which are customarily not open to persons who have not attained the age of eighteen (18) years.

iii.

Limitations on adult entertainment businesses. Adult entertainment businesses shall be subject to the following restrictions and no person shall cause or permit the establishment of any adult entertainment business contrary to said restrictions:

a)

No adult entertainment business shall be open for business between the hours of twelve (12:00) midnight and six (6:00) a.m.

b)

An adult entertainment business shall not be allowed within five hundred (500) feet of another existing adult entertainment business.

c)

An adult entertainment business shall not be located within five hundred (500) feet of any residentially zoned district.

d)

An adult entertainment business shall not be located within one thousand (1,000) feet of a pre-existing school, public park, or church.

e)

Measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of such adult entertainment business to the point on the property line of such other business, school, church, public park or areas zoned for residential use which is closest to the said main entrance of such adult entertainment business.

iv.

Prohibited activities of adult entertainment businesses.

a)

No adult entertainment business shall employ any person under eighteen (18) years of age.

b)

No adult entertainment business shall furnish any merchandise or services to any person who is under eighteen (18) years of age.

c)

No adult entertainment business shall be conducted in any manner that permits the observation of any model or any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use. No operator of an adult entertainment business or any officer, associate, member, representative, agent, owner, or employee of such business shall engage in any activity or conduct or permit any other person to engage in any activity of conduct in or about the premises which is prohibited by this ordinance or any laws of the State.

d)

No part of the interior of the adult entertainment business shall be visible from any pedestrian sidewalk, walkway, street, or other public or semi-public area.

e)

An adult entertainment business shall post a sign at the entrance of the premises which shall state the nature of the business and shall state that no one under the age of eighteen (18) years is allowed on the premises. This Section shall not be construed to prohibit the owner from establishing an older age limitation for coming on the premises.

f)

Except as hereinafter provided no person shall intentionally expose those parts of his or her body hereinafter listed to another in any public place, or in any place where such exposure is seen by another person or persons located in any public area.

i)

A woman's nipple, the areola thereof, or any portion of the female breast at or below the nipple thereof, except as necessary in the breast feeding of a baby.

ii)

The [pubic] hair, pubes, perineum, or anus of a male or female, the penis or scrotum of a male, or the vagina of a female, excepting such body parts of prepubescent infants of either sex.

iii)

Establishment of adult entertainment businesses shall include the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any of the uses described in 19.38.020(k), Definitions.

g)

That such use shall be in accord with the intent, purpose and spirit of this ordinance and the Comprehensive Plan of the City of Mount Pleasant.

(12)

Tattoo parlor.

(Ord. No. 1378, § 1(1), 9-9-2020; Ord. No. 1430, § 2, 9-10-2025)

(a)

Accessory uses of land or structures customarily incidental and subordinate to any of the above principal uses, including accessory uses permitted in the B-4 District.

(b)

Dwelling for watchman or caretaker.

(c)

Employee cafeteria or other food concession in conjunction with permitted use.

(d)

Child care center provided a special permit has been obtained pursuant to 19.10.010 (f-1). Family day care, group day care, preschool and all other child day care facilities are not allowed.

(a)

The following minimum requirements shall be observed subject to the modifications contained in Section 19.02.100:

(1)

Front yard: 50 feet.

(2)

Side yards: Two (2) side yards, each ten (10) feet wide; or one (1) side yard twenty (20) feet wide; provided, however, that where adjacent to any "R" district or street right-of-way line, a side yard of twenty-five (25) feet shall be required.

(3)

Rear yard: 50 feet.

(4)

Maximum height: 40 feet.

(5)

Maximum number of stories: 2 stories.

(a)

The total land area devoted to open space and landscaping shall not be less than twenty (20) percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped area and shall not include access drives, parking areas, structures or buildings except ornamental structures included as part of the landscaping theme.

(a)

Site plans shall be required in accordance with the provisions of Chapter 19.12 for all uses permitted in this district.

(a)

Spaces for off-street parking and loading shall be provided in accordance with the provisions of Chapter 19.06.

(a)

Signs shall be provided in accordance with the provisions of Chapter 19.09.