Platte City City Zoning Code
ARTICLE XIV
Adult Entertainment Overlay District
Section 405.420 Purpose.
[Zoning Regs. §12A.010; Ord. No. 1014 §3, 6-12-1998]
A.
The purpose of District "AE" is to identify and prescribe specific requirements and conditions for the location of certain defined adult entertainment activities. The district is designed as an overlay district in a certain zoning district based on the regional character of the activities. Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon the surroundings and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. Adult entertainment uses do not occur on a frequent basis and require separate and specifically designed regulations for their development. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of the district. The location of such uses has an additional and deleterious effect upon adjacent areas and could contribute to the blighting and downgrading of the surrounding neighborhood. Adult entertainment uses are recognized as having serious objectionable operational characteristics, particularly if several such uses are concentrated, thereby having a deleterious effect upon adjacent areas and could contribute to blight and degradation of the surrounding neighborhood.
B.
These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property. Special regulation of adult entertainment establishments is necessary to insure that the adverse affect of such uses will not contribute to the blighting or downgrading of surrounding neighborhoods whether residential or non-residential by location or concentration to insure the stability of such neighborhoods.
Section 405.425 Definitions.
[Zoning Regs. §12A.020; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1211 §1(12A.020), 8-16-2001; Ord. No. 1512 §2, 11-29-2006]
As used in this Article, the following terms shall have these prescribed meanings:
An establishment having a ten percent (10%) portion of its stock in trade, books, photographs, magazines, films for sale or viewing on the premises by use of motion picture devices or other coin-operated means or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein.
Any of the establishments, businesses, buildings, structures or facilities defined herein.
Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, video tape or film presentation), where the patrons either: (1) engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or (2) observe any live presentation, video tape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities as said term is defined herein.
An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.
Any establishment which has a source of income or compensation which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical, electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in the practice of massage under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third (3rd) person on his/her behalf will pay money or give any other consideration or gratuity and this definition shall also include treatment of the human body by means of baths of all kinds; provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri nor shall it include any establishment licensed by the Board of Cosmetology of the State of Missouri where the services described above are provided and performed by a person licensed by the Board of Therapeutic Massage of the State of Missouri.
An establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise; to be included within this definition is the occupation or practice for any compensation whatsoever of offering one's body, wholly or partially in the nude, for the purpose of having designs of whatever nature applied thereto by whatever process or technique with any kind of substance whether it be transparent or non-transparent. This does not mean public or private schools wherever persons are enrolled in a class.
Sexual conduct, being acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast;
Sexual excitement, being the condition of human male or female genitals when in a state of sexual stimulation or arousal; or
Sadomasochistic abuse, being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.
TATTOO PARLORAny place where persons are tattooed for consideration other than a licensed medical practitioner or where tattooing is regularly conducted whether or not it is in exchange for compensation.
Section 405.430 Approval.
[Zoning Regs. §12A.030; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1512 §3, 11-29-2006]
A.
Approval. Every applicant must fill out and submit to the zoning enforcement person:
1.
A conditional use permit application made in the form required by a preliminary site plan approval.
2.
A preliminary site plan.
3.
Any other items which this Code specifically requires. The City of Platte City Zoning Code or Municipal Code requires for a tattoo parlor including, but not limited to, the following:
a.
Any and all licenses issued by the State of Missouri, Division of Professional Registration as described in Chapter 324, RSMo., and
b.
Documentation verifying compliance with all applicable health and safety requirements established by the City of Platte City Zoning Code, City of Platte City Municipal Code or any local, State or Federal law, rule or regulation.
B.
The zoning enforcement person shall review the permit to make sure it meets all the requirements of this Chapter and then pass all the required information onto the Planning Commission.
C.
The Planning Commission shall review the preliminary site plan and make its recommendation to the Board of Aldermen regarding the conditional use permit.
D.
The Board of Aldermen shall review the preliminary site plan, conditional use permit and all other drawings and other information required by this Chapter.
E.
The Board of Aldermen shall have the discretion to approve or disapprove the conditional use permit.
F.
The Board of Aldermen shall, in approving the conditional use permit, condition the use of land, building and structure to the uses shown in the preliminary site plan as may be modified by the Planning Commission or Board of Aldermen.
G.
The issuance of the conditional use permit shall be expressly conditioned upon the applicant applying to the Planning Commission for final site plan approval prior to any construction or excavation on the site.
H.
Any deviation from said uses of land, buildings or structures as approved shall be deemed a violation of conditional use permit approval and the zoning uses allowed shall automatically revert to the zoning district classification in force and effect prior to conditional use permit approval. In such event, all land uses, buildings and structures in violation of this Chapter are illegal and shall be deemed to be non-conforming uses and shall be summarily removed and abated.
I.
Applicant shall submit copies of the licenses and documentation described in Subsection (A) above each year at the same time applicant applies for or renews its business license with City.
J.
Final Site Plan Approval.
1.
Upon approval of the conditional use permit by the Board of Aldermen, the applicant shall have three (3) months to submit a final site plan application to the Planning Commission for its review.
2.
The final site plan may be submitted separately for the first (1st) and each successive stage of construction.
3.
It shall be the responsibility of the applicant to determine that each stage and all of the final site plan conforms to the preliminary site plan on which the conditional use permit was issued.
4.
The Planning Commission, having reviewed the final site plan for any or all stages of development and finding that it conforms to the preliminary site plan, shall approve such plan and file it for record in the office of the zoning enforcement person.
5.
If the final site plan fails to conform to the preliminary site plan submitted in support of the conditional use permit, such final site plan may be submitted to the Planning Commission as an amended preliminary site plan, upon which the Planning Commission shall advertise and hold a public hearing. The proceeding shall be the same as for the original preliminary site plan.
6.
No building permit shall be issued for any construction in the overlay district until the Planning Commission shall have approved the final site plan, covering at least the first (1st) stage of development and notified the zoning enforcement person. No adult entertainment establishment shall be operated until a license to operate the adult entertainment establishment has been obtained from the City.
7.
The proponents of an adult entertainment establishment shall prepare and submit a schedule of construction, which construction shall begin within a period of one (1) year following the approval of the final site plan by the Planning Commission and the issuance of a building permit.
8.
Failure to begin the construction as scheduled shall void the plan, as approved, unless a request for an extension of time is made by the proponents to the Planning Commission and approved by said Planning Commission.
9.
If for any reason the plan is abandoned or if the construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated, the conditional use permit may be rescinded by the Board of Aldermen and the zoning shall be changed to the original classification.
10.
After the conditional use permit has been issued and the final site plan has been approved and when, in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, entrances, heights or open spaces are requested by the proponents and such requests conform to the standards established by the approved final site plan for area to be converted by buildings, parking spaces, entrances, height, setback and other requirements, such adjustments may be approved by the Board of Aldermen upon application and after receiving the recommendations of the Planning Commission.
Section 405.435 Location and Site Requirements Within District "AE".
[Zoning Regs. §12A.040; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1512 §4, 11-29-2006]
A.
Any adult bookstore, adult entertainment facility, bathhouse, massage shop or modeling studio or tattoo parlor shall meet the following location and site requirements:
1.
Not more than two (2) of such uses shall be located within one thousand (1,000) feet of each other as measured in a straight line from the lot line of the affected properties.
2.
All access shall be provided from a major thoroughfare.
3.
The property on which such use is located shall have a minimum of fifty (50) feet of street frontage.
4.
The property on which the use is located shall be screened by a solid masonry wall at least six (6) feet in height along the side and rear property lines.
5.
The facility on which the use is located and the parking for such facility shall have a front yard setback of twenty (20) feet, a side yard setback of ten (10) feet and a rear yard setback of twenty (20) feet.
6.
The parking requirements as provided shall be met as well as the loading requirements.
7.
If the parking and maneuvering space of any parking lot exceeds seventy-five hundred (7,500) square feet, at least five percent (5%) of the lot area shall be maintained as landscaped area; provided that a credit toward the overall required landscaped area may be provided if the landscaping provides for trees either at least fifteen (15) feet in height or at least three (3) inches in diameter for each two thousand (2,000) square feet of required landscaped parking area. Additionally, fifteen percent (15%) of the entire lot area, including parking area, shall be maintained as an open landscaped area with a twenty (20) foot landscape buffer along all street frontage.
8.
The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view of any performance, merchandise, modeling, sexual activity, bath or massage from any pedestrian sidewalk, walkway, street or other public area.
9.
The facility in which such a use is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign area per linear foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.
10.
In addition to the requirements herein, any facility in which a tattoo parlor is operated shall comply with all other provisions of the City of Platte City Zoning Code and Municipal Code and the following building requirements:
a.
The room in which tattooing is done shall have an area of not less than one hundred (100) square feet. The walls, floors and ceiling shall have an impervious, smooth and washable surface.
b.
A lavatory shall be located in the establishment and shall be accessible to the public at all time when the tattoo parlor is open for business. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels.
c.
All tables and other equipment shall be constructed of easily cleanable materials, shall be painted or finished in a light color, with a smooth washable finish and shall be separated from the view of waiting customers or observers by a panel at least six (6) feet or one and eighty-three hundredths (1.83) meters high or by a door. The entire premises and equipment shall be maintained in clean, sanitary condition and in good repair.
Section 405.440 Site Plan.
[Zoning Regs. §12A.050; Ord. No. 1014 §3, 6-12-1998]
A.
The site plan accompanying the application for approval of an overlay District "AE" shall include the following information:
1.
The site plan shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger.
2.
The site plan shall delineate the property lines of the proposed project.
3.
The site plan shall delineate existing rights-of-way and easements.
4.
The site plan shall delineate the general location and width of all proposed streets and public rights-of-way, such as alleys, pedestrian ways and easements.
6.
The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in Section 405.435 above.
7.
The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity.
8.
The site plan shall delineate the location, number of parking spaces and the proposed parking and loading ratio and its location and requirements in accordance with Section 405.435 above.
9.
The site plan shall delineate all points of access and egress in accordance with Section 405.435 (2) above.
10.
The site plan shall present in tabular form the proposed net density of the use providing the number of seats, employees or other applicable unit of measure.
11.
The site plan shall delineate the gross floor area of the building or structure.
12.
The site plan shall detail the proposed stages of construction for all land in development and improvements within the proposed district.
13.
The site plan shall describe the landscaping to be provided.
14.
The site plan shall delineate the proposed exterior lighting in accordance with subparagraph 405.435(9) above.
16.
The site plan shall indicate the signage in accordance with Section 405.435(9) above.
17.
The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.
Section 405.445 Uses Regulated.
[Zoning Regs. §12A.060; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1512 §5, 11-29-2006]
A.
No adult bookstore, adult entertainment facility, bathhouse, massage shop nor nude modeling studio or tattoo parlor shall be permitted except in District "AE" subject to other provisions of this Chapter and within the following boundaries of District "C-2".
B.
Adult Entertainment Overlay District.
1.
All that part of the southwest ¼ of section 31, township 53, range 34, in Platte City, Platte County, Missouri, described as follows:
Commencing at the southwest corner of said southwest ¼; thence north 88 degrees 37 minutes 03 seconds east, along the south line of said southwest ¼, a distance of 845.05 feet; thence north 1 degree 22 minutes 57 seconds west, a distance of 250.00 feet to the point of intersection of the northeasterly right-of-way line of relocated Missouri State Highway No. 92, as now established, with a line drawn 250.00 feet north of and parallel to the said south line of said southwest ¼ and the true point of beginning of the tract of land to be herein described; thence north 88 degrees 37 minutes 03 seconds east, along said parallel line, a distance of 611.77 feet to a point on the westerly right-of-way line of Missouri State Highway Route No. 92, as now established; thence north 24 degrees 50 minutes 29 seconds west, along said westerly right-of-way line, a distance of 175.57 feet to a point measured a distance of 30.00 feet westerly of and at right angles to centerline station 718+00 on said highway; thence north 41 degrees 18 minutes 58 seconds west, continuing along said westerly right-of-way line, a distance of 246.40 feet to the intersection of said westerly right-of-way line, with a line drawn 600.00 feet north of and parallel to the south line of said southwest ¼; thence south 88 degrees 37 minutes 03 seconds west, along last said parallel line, a distance of 581.94 feet to the point of intersection of last said parallel line with the aforesaid northeasterly right-of-way line of relocated Missouri State Highway Route No. 92; thence south 21 degrees 28 minutes 35 seconds east along said northeasterly right-of-way line, a distance of 103.89 feet to a point measured a distance of 125.00 feet northeasterly of and at right angles to centerline station 112+16.68 on said highway; thence continuing along said northeasterly right-of-way line, along a curve to the left having an initial tangent bearing of south 25 degrees 42 minutes 13 seconds east, a radius of 1020.92 feet, a central angle of 16 degrees 54 minutes 41 seconds, an arc distance of 301.33 feet to the point of beginning. Containing 220,681 square feet or 5.07 acres, more or less.
2.
A parcel of land in the northwest ¼ of section 6, township 52, range 34, in Platte City, Platte County, Missouri, more particularly described as follows:
Commencing at the northwest corner of said northwest ¼; thence north 88 degrees 37' 3" east, along the north line of said northwest ¼, a distance of 1176.33 feet to a point on the northeasterly right-of-way line of relocated Missouri State Highway Route No. 92, as now established, and the true point of beginning of the tract of land to be herein described; thence continuing north 88 degrees 37' 3", east along said north line, a distance of 344.76 feet to a point on the westerly right-of-way line of Missouri State Highway Route No. 92, as now established; thence south 0 degrees 39' 16" east, along said westerly right-of-way line, a distance of 9.52 feet to a point measured a distance of 80.00 feet westerly of and at right angles to centerline station 723+00 on said highway; thence south 37 degrees 4' 39" west, along said westerly right-of-way line, a distance of 98.37 feet to a point measured a distance of 140.20 feet westerly of and at right angles to centerline station 723+77.8 on said highway, said point also being on the northerly right-of-way line of said relocated Missouri State Highway Route No. 92 at 125.00 feet northerly of and at right angles to centerline station 102+00 on said highway; thence westerly and northwesterly along said northerly right-of-way line, along a curve to the right, having an initial tangent bearing of north 82 degrees 45' 42" west, a radius of 1020.92 feet, a central angle of 16 degrees 41' 29", an arc distance of 297.41 feet to the true point of beginning, containing 17,334 square feet or 0.40 of an acre, more or less.
3.
A parcel of land in the southwest ¼ of section 31, township 53, range 34, in Platte City, Platte County, Missouri, more particularly described as follows:
Commencing at the southwest corner of said southwest ¼; thence north 88 degrees 370' 3" east, along the south line of said southwest ¼, a distance of 1221.09 feet to the true point of beginning of the tract of land to be herein described; thence continuing north 88 degrees 37' 3" east along said south line, a distance of 300.00 feet to a point on the westerly right-of-way line of Missouri State Highway Route No. 92, as now established; thence north 0 degrees 39' 16" west, along said westerly right-of-way line, a distance of 67.28 feet to a point measured a distance of 80.00 feet westerly of and at right angles to centerline station 722+23.20 on said highway; thence northerly and northwesterly, continuing along said westerly right-of-way line, along a curve to the left, being tangent to the last described course and having a radius of 278.10 feet, a central angle of 40 degrees 39' 42", an arc distance of 197.36 feet, to a point measured a distance of 80.00 feet southwesterly of and at right angles to centerline station 719+69.07 on said highway; thence north 24 degrees 50' 29" west, continuing along said westerly right-of-way line, a distance of 0.74 of a foot; thence south 88 degrees 37' 3" west, a distance of 235.73 feet; thence south 1 degrees 22' 57" east, a distance of 250.00 feet to the true point of beginning, containing 71,486 square feet or 1.64 acres, more or less.
4.
A parcel of land in the southwest ¼ of section 31, township 53, range 34, in Platte City, Platte County, Missouri, more particularly described as follows:
Commencing at the southwest corner of said southwest ¼; thence north 88 degrees 37' 3" east, along the south line of said southwest ¼, a distance of 1176.33 feet to a point on the northeasterly right-of-way line of relocated Missouri State Highway Route No. 92, as now established, and the true point of beginning of the tract of land to be herein described; thence continuing north 88 degrees 37' 3" east, along the south line of said southwest ¼, a distance of 44.76 feet; thence north 1 degrees 22' 57" west, a distance of 250.00 feet; thence south 88 degrees 37' 3" west, a distance of 376.04 feet to a point on the aforesaid northeasterly right-of-way line of relocated Missouri State Highway Route No. 92; thence southeasterly, along said northeasterly right-of-way line, along a curve to the left, having an initial tangent bearing of south 42 degrees 36' 54" east, a radius of 1020.92 feet, a central angle 23 degrees 27' 19" an arc distance of 417.94 feet to the true point of beginning, containing 58,509 square feet or 1.34 acres, more or less.