[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.
[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.
[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.
[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.
[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.
[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.
