HomeMy WebLinkAbout1993-33 - Amendments to the Zoning OrdinanceBILL No. ~'3-33
ORDINANCE NO. 93-..3 3
AN ORDINANCE ESTABLISHING AMEPdDMENTS TO THE ZONING CODE
ADOPTED BY ORDINANCE N0. 89-15.
WHEREAS, the City of Riverside, Missouri adopted a new
Zoning Code on February 21, 1989 by Ordinance No. 89-15, and
WHEREAS, the City of Riverside wishes to enact and enforce
a new amendment to the Zoning Code.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1: Chapter 13 is hereby amended by adding a
Section 13A which shall read as follows:
SECTION 13A.130
ADULT ENTERTAINMENT ACTIVITIES.
Section 13A.010 PURPOSE.
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 a 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
inten± 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 locat=ion
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 degregation of the surrounding neighborhood.
These regulations are further intended to protect and
balance lawful rights of expression with other lawful right=s 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 13A.020 DEFINITIONS.
The definitions staged below shall apply:
(1) ADULT BOOKSTORE. An establishment having as a ten
percent (lOg portion of its stock in trade, books,
photographs, magazines, films for sale or viewing on
the premises by use of motion picture devices, or
o!_her 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.
(2) ADULT ENTERTAINMENT FACILITY. 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 theatre 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 +.=ape 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.
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(3) BATHHOUSE. An establishment or business which
provides t;he 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.
(4) MASSAGE SHOP. 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 t=he 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 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.
(5) NUDE MODELING STUDIO. An establishment or business
whic 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 a
to public or private schools wherever persons areply
enrolled in a class.
(6) SPECIFIED SEXUAL ACTIVITIES.
(a) Sexual conduct, being acts of mast=urbation,
homosexuality, sexual intercourse or physical
contact with a person's unclothed genitals, pubic
area, buttocks or, if such person be a female,
her breast;
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(b) Sexual excitement, being the condition of human
male or female genitals when in a state of sexual
stimulation or arousal; or
(c) Sadomasochistic abuse, being flagella ion or
torture by or upon a person or the condition of
being fettered, bound or otherwise physically
restrained.
(7) ADULT ENTERTAINMENT ESTABLISHMENTS. Any of the
establishments, businesses, buildings, structures or
facilities defined in Section (b).
Section 13A.030 ESTABLISHMENT OF OVERLAY
DISTRICT.
An overlay district AE shall be established as follows:
(1) District AF. shall be established only by amendment of
the zoning maps in accordance with Chapter 22, and in
accordance with the provisions of Chapter 18, provided
that the City Planning Commission shall recommend and
the Board of Aldermen shall find t=hat the proposed
District AE meets all of the requirements without
except=ion described in subparagraphs A through I
herein and further that the proposed use to be
constructed and/or operated will neither negatively
impact nor materially injure property within one
thousand (1,000) feet of the proposed district
boundaries.
(2) No District AE 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 AE shall be deemed
to be a violation of this chapter and enforceable
under Chapter 21.
(3) A District AE shall be established as an overlay zone
and only in District M-2.
(4) A District AE shall be established only if the
boundaries of the district are a minimum of one
thousand (1,000) 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.
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Section 13A.040 LOCATION AND SITE REQUIREMENTS
WITHIN DISTRICT .
Any adult bookstore, adult entertainment facility,
bathhouse, massage shop or modeling studio shall meet the
following location and site requirements:
(1) Not more i=han two (2) of such uses shall be located
within one thousand (1,000) feet of each other as
measured in a straight line from t=he lot line of the
affeci:.ed 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 ten (10)
feet.
(6) The parking requirements as provided in Chapter 9
shall be met as well as the loading requirements of
Chapter 9.
(7) If the parking and maneuvering space of any parking
lot exceeds seventy-five hundred (7500) square feet,
at least five percent (5o) 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
a'~ 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 into such facilities from any
pedestrian sidewalk, walkway, street or other public
area.
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(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.
Section 13A.050 SITE PLAN.
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 or 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.
(5) The site plan shall delineate the solid masonry
screening as provided in subparagraph 130.040(4) above.
(6) The site plan shall delineate the proposed building
layout with the front, side and rear building setbacks
as required in subparagraph 4 above.
(7) The site plan shall characterize the proposed usage of
the building and description of the proposed use by
ype, character and intensity.
(8) The site plan shall delinea±e the location, number of
parking spaces, and the proposed parking and loading
ratio and its location and requirements in accordance
with subparagraph 7 above.
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(9) The site plan shall delineate all points o.f access and
egress in accordance with subparagraph 2 above.
(10) The site plan shall present in tabular form the
proposed ne±= 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 9 above.
(15) The site plan shall delineate the proposed
architectural details of the facility in accordance
with subparagraphs 1 through 9 above.
(16) The site plan shall indicate i.he signage in accordance
with subparagraph 9 above.
(17) The site plan shall set forth any other information
necessary for determination of t-he suitability of the
proposed use for the site.
Section 13A.060 USES REGULATED.
No adult bookstore, adult entertainment facility,
bathhouse, massage shop nor nude modeling studio shall be
permitted except in District M-2 subject to the provisions of
Chapter 13.
SECTION 2: All provisions of the Zoning Code of t=he City
of Riverside, Missouri which are inconsistent herewith are
repealed and amended to conform with this ordinance. The City
Clerk is directed to incorporate the provisions of this
ordinance into th/e appropriate sections of the City Zoning Code.
PASSED THIS ~J ~,, DAY OF , 1993.
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MAYOR
AT EST:
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CI'PY CLERK
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APPROV~:D THIS
(p~(, DAY OF , 1993.
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i, ,~ , ~ t c a-,,
MAYOR ;/