[R.O. 2009 § 17.24.500]
Intent And Purpose. Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their 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 commercial zones in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate within one thousand (1,000) feet of each other so that their operational features may not establish the dominant character of any commercial or transitional area.
These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property. Adult entertainment uses are determined to have serious objectionable operational characteristics, particularly if several such uses are concentrated, thereby having a deleterious affect upon adjacent areas and therefore potentially contributing to blight and degradation of the surrounding neighborhood. The special regulation of adult entertainment establishments is determined to be necessary in order to ensure 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 and to ensure the stability of such neighborhoods.
[R.O. 2009 § 17.24.510]
As used in this Division, the following terms shall have these prescribed meanings:
- ADULT BOOKSTORE
- An establishment having as a ten percent (10%) portion of its stock in trade books, photographs, magazines or films for sale or viewing on the premises by use of motion picture devices or other coin-operated mechanism or any 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.
- ADULT ENTERTAINMENT ESTABLISHMENTS
- Any of the establishments, businesses, buildings, structures or facilities defined in this Section.
- ADULT ENTERTAINMENT FACILITY
- Any building, structure or facility which contains or is used entirely or partially as 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 and exotic dance facilities (regardless of whether the theater or facility provides a live presentation or video tape or film presentation), where the patrons either:
- 1. Engage in personal physical or visual contact with employees, devices, equipment or personnel provided by the establishment which appeals to the prurient interest of the patrons;
- 2. Observe any live presentation, video tape or film presentation of persons wholly or partially nude or with their genital or pubic regions 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
- 3. Are enabled to observe specified sexual activities.
- 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.
- MASSAGE SHOP
- An establishment which has a fixed place of business having a source of income or compensation sixty percent (60%) or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or the stimulation of external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment 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 or service is provided or some third (3rd) person on his/her behalf will pay money or give any other consideration or gratuity, 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.
- MODELING STUDIO
- An establishment or business which provides for a fee or compensation the services of models on the premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to certified State licensed (by the State of Missouri) public or private schools where persons are enrolled in classes.
- SPECIFIED SEXUAL ACTIVITIES
- 1. SEXUAL CONDUCT: Acts of masturbation, homosexuality, sodomy, sexual intercourse or having physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast;
- 2. SEXUAL EXCITEMENT: The condition of human male or female genitals when in a state of sexual stimulation or arousal; or
- 3. SADOMASOCHISTIC ABUSE: Flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.
[R.O. 2009 § 17.24.520]
The following uses of property are considered adult entertainment activities and may be located only on lots or parcels of land fronting on Malone or Main Street in districts zoned in this Code as Zone "C-3" Highway Commercial and only as a conditional use subject to approval of the City Council following the lawful hearing process:
[R.O. 2009 § 17.24.530]
No adult entertainment establishment shall be permitted within one thousand two hundred (1,200) feet of any religious institution, school, public park or any property zoned for residential use. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structure wall of the adult entertainment establishment to the closest property line of the religious institution, school, public park or property zoned for residential use.
No adult entertainment establishment shall be allowed to locate or to expand within one thousand (1,000) feet of any other adult entertainment establishment or within said distance of any other business licensed to sell or serve alcoholic beverages whether or not such business is also an adult entertainment establishment as defined in this Division. The distance between any two (2) adult entertainment establishments or between an adult entertainment establishment and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.
The property on which such use is located shall have a minimum of one hundred (100) feet of street frontage.
The property on which the use is located shall be screened by solid masonry wall at least six (6) feet in height along all interior property lines.
The lot on which the use is located and the parking for such facility shall be a front yard setback of twenty (20) feet, a side yard setback of ten (10) feet and a rear yard setback of ten (10) feet.
All off-street parking requirements shall conform to other ordinances contained within the City Code of Sikeston, Missouri.
The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities by any pedestrian and from any sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the structure of the adult entertainment establishment for which it is licensed.
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 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 or products, services or entertainment offered or provided on the premises shall be displayed on the exterior of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.
Lighting of the parking area must be maintained and provided a minimum light level of twenty-five hundredths (0.25) foot-candles over the entire parking area; but in no point shall the light level exceed three (3.0) foot-candles, nor shall any increase in light levels or visible glare be permitted beyond the lot line.
[R.O. 2009 § 17.24.540]
Each application for a conditional use permit shall require the submission of an accompanying site plan. The site plan shall include, as a minimum, the following information:
The site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet or larger.
The site plan shall delineate the property lines of the proposed project and shall indicate the zoning and present use of abutting properties.
The site plan shall delineate existing rights-of-way and easements.
The site plan shall delineate the general locations and width of all adjoining streets and public rights-of-way, such as alleys, pedestrian ways and easements.
The site plan shall delineate the solid masonry screening as provided in Subsection 405.830(D) above.
The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in Subsection 405.830(E) above.
The site plan shall characterize the proposed usage of the building.
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 Subsection 405.830(F) above.
The site plan shall delineate all points of access and egress.
The site plan shall present in tabular form the proposed net density of the use provided, the number of seats, employees or other applicable unit of measure.
The site plan shall delineate the gross floor area of the building or structure.
The site plan shall describe the landscaping to be provided.
The site plan shall delineate the proposed exterior lighting in accordance with Subsection 405.830(J) above.
The site plan shall delineate the proposed architectural details of the facility in accordance with Subsection 405.830(G) above.
The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.
The site plan shall show that the measurements from the building to surrounding structures and property lines comply with this Division.
[R.O. 2009 § 17.24.550; Ord. No. 5046 §II, 2-24-1995]
Any person, who violates any provision of this Division shall be subject to the general penalty provided of the Sikeston Municipal Code.