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Legislation #: 910215 Introduction Date: 3/7/1991
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER HERNANDEZ
Title: Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 39.156. District C-X (Adult Entertainment) and adopting in lieu thereof a new section of like number and subject matter.

Legislation History
DateMinutesDescription
3/7/1991

Prepare to Introduce

3/7/1991

Referred Plans And Zoning Committee

3/13/1991

Referred To Department City Plan Commission

1/17/2001

Released


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ORDINANCE NO. 910215

 

Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 39.156. District C-X (Adult Entertainment) and adopting in lieu thereof a new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 39, Code of General Ordinances of Kansas City, Missouri, as amended, commonly known as the Zoning Ordinance is hereby amended by repealing Section 39.156. District C-X (Adult Entertainment) and enacting in lieu thereof a new section of like number and subject matter to read as follows:

 

Section 39.156. District C-X (Adult Entertainment).

 

I. Purpose. The purpose of District C-X 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 certain zoning districts based on the regional character of the activities. Adult entertainment uses do not occur on a frequent basis and require separate and specifically designed regulations for their development. Such adult entertainment uses are recognized as having serious objectionable operational characteristics, particularly if several of such uses are concentrated, thereby having a deleterious effect upon adjacent areas. The location of such uses has an additional deleterious effect upon adjacent areas and could contribute to the blighting and downgrading of the surrounding neighborhood. The special regulation of adult entertainment uses is necessary to ensure that the adverse effect of such uses will not contribute to the blighting or downgrading of surrounding neighborhood, whether residential or nonresidential, by location or concentration and to ensure the stability of such neighborhoods.

 

II. Definitions: The definitions stated below shall apply:

 

A. Adult bookstore: An establishment having as a

substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on the premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to sexual conduct, sexual excitement or sadomasochistic abuse, as said terms are defined herein.

 

B. Adult entertainment facility: Any building,

structure or facility which contains or is used for commercial entertainment, including theaters and exotic dance facilities (regardless of whether the theater or facility is a live presentation, videotape, or film presentation), where the patron directly or indirectly is charged a fee to 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 patron or (2) observe any persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent covering or, in the case of female persons, with the areola and nipple of the breast exposed or covered only with transparent covering or to observe specified sexual activities.

 

C. Bathhouse: An establishment or business which

provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state.

 

D. Daycare facility: An establishment or business

which provides supervision of facilities for preschool children or provides before or after or summer care for school-age children.

 

E. Massage shop: An establishment which has a fixed

place of business having a source of income or compensation 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, electric apparatus or appliances 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 is provided or some third person on his or her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment operated by a medical practitioner or professional physical therapist licensed by the State of Missouri.

 

F. Modeling studio: An establishment or business which

provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.

 

G. Residential district: For the purpose of this

section, areas zoned for residential use are defined as Districts R-1, RA, R-2, R-3, R-4, R-4-O, R-5, R-5-O, R-6, GP-7, GP-6, GP-5, GP-4, GPA, GPR-1, and GPR-2.

 

H. Residential building: A building which is primarily

designed and devoted for human habitation, excluding motels and hotels.

 

I. Specified sexual activities: 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 clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained.

 

III. Establish of Overlay District: An overlay District C-X shall be established as follows:

 

A. District C-X shall be established only by amendment

of the zoning maps in accordance with Section 39.360, and in accordance with the provisions of Sections 39.330, 39.335 and 39.355, provided that the City Plan Commission shall recommend and the City Council shall find that the proposed District C-X meets all of the requirements without exception described in subparagraphs III, IV and V herein and further that the proposed use to be constructed and/or operated will neither negatively impact nor materially injure property within one thousand (1000) feet of the proposed district boundaries.

 

B. No District C-X shall be established without the

submission and approval of a site development plan. Failure to comply with the plan so approved and established as part of the District C-X shall be deemed to be a violation of this chapter and enforceable under Sections 39.400, 39.410 and 39.420.

 

C. A District C-X shall be established as an overlay

zone and only in Districts C-3, C-4, M-1, M-2 and M-3.

 

D. A District C-X shall be established only if the

boundaries of the district are a minimum of one thousand (1000) feet from any church or place of worship, daycare facility, park, educational institution, library, museum, community center, residential district, children's amusement park, or residential building.

 

IV. Location and Site Requirements Within District C-X: Any adult bookstore, adult entertainment facility, bathhouse, massage shop or modeling studio shall meet the following location and site requirements:

 

A. Not more than two (2) of such uses shall be located

within one thousand (1000) feet of each other as measured in a straight line from the lot line of the affected properties.

 

B. All access shall be provided from a major

thoroughfare.

 

C. The property on which such use is located shall have

a minimum of fifty (50) feet of street frontage.

 

D. 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.

 

E. 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 ten (10) feet.

 

F. The parking requirements as provided in Section

39.444 shall be met as well as the loading requirements of Section 39.445.

 

G. If the parking and maneuvering space of any parking

lot exceeds seventy-five hundred (7500) square feet, at least five (5) percent 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 (2000) square feet of required landscaped parking area. Additionally, fifteen (15) percent 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.

 

H. 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 from any pedestrian sidewalk, walkway, street or other public area.

 

I. 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.

 

V. Site Plan: The site plan accompanying the application for approval of an overlay District C-X shall include the following information:

 

A. The site plan shall be drawn at a scale of one (1)

inch equals one hundred (100) feet or larger.

 

B. The site plan shall delineate the property lines of

the proposed project.

 

C. The site plan shall delineate existing rights-of-way

and easements.

 

D. 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.

 

E. The site plan shall delineate the solid masonry

screening as provided in subparagraph IV, above.

 

F. The site plan shall delineate the proposed building

layout with the front, side and rear building setbacks as required in subparagraph IV, above.

 

G. The site plan shall characterize the proposed usage

of the building and description of the proposed use by type, character and intensity.

 

H. 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 subparagraph IV, above.

 

I. The site plan shall delineate all points of access

and egress in accordance with subparagraph IV, above.

 

J. 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.

 

K. The site plan shall delineate the gross floor area

of the building or structure.

 

L. The site plan shall detail the proposed stages of

construction for all land in development and improvements within the proposed district.

 

M. The site plan shall describe the landscaping to be

provided.

 

N. The site plan shall delineate the proposed exterior

lighting in accordance with subparagraph IV, above.

 

O. The site plan shall delineate the proposed

architectural details of the facility in accordance with subparagraph IV, above.

 

P. The site plan shall indicate the signage in

accordance with subparagraph IV, above.

 

Q. The site plan shall set forth any other information

necessary for determination of the suitability of the proposed use for the site.

 

VI. Uses Regulated: No adult bookstore, adult entertainment facility, bathhouse, massage shop, nor modeling studio shall be permitted except within District C-X subject to the provisions of Section 39.230.

 

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

____________________________________________________________

 

I hereby certify that as required by Chapter 39, Code of General Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

 

___________________________________

Secretary, City Plan Commission

 

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney