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Home My WebLink About2001-126 - Addition of Section 440.115 to the Municipal CodeBILL NO. 2001- ORDINANCE NO. 2001- ~~~° AN ORDINANCE AMENDING CHAPTER 440, ARTICLE II OF THE RIVERSIDE CITY CODE BY ADDING SECTION 440.115 REGARDING THE SPECIAL USE PERMIT REGULATIONS AND REQUIREMENTS APPLICABLE TO ADULT ENTERTAINMENT BUSINESSES WHEREAS, certain conduct occurring on premises offering adult entertainment may be detrimental to the public health, safety and general welfare of the citizens of the City, and, therefore, such conduct must be regulated; and WHEREAS, regulation of the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred; and WHEREAS, one of the secondary affects of adult entertainment businesses has been decreased property values in surrounding areas; and WHEREAS, businesses providing adult entertainment are increasingly associated with ongoing prostitution, sexual solicitation, disruptive conduct and other criminal activity which is currently not subject to effective regulation and which constitutes an immediate threat to the public peace, health and safety; and WHEREAS, regulation of the adult entertainment industry is necessary to deter prostitution or high-risk sexual conduct that may be associated with adult entertainment facilities and to limit the health hazards of syphilis, gonorrhea, herpes, hepatitis-B and HIV/AIDS that may result. NOW, THEREFORE, be it ordained by the Board of Aldermen of Riverside, Missouri, as follows: Section 1. The following Section 440.115, titled "Adult Entertainment Businesses," shall be added to Title V, Chapter 440 of the city code of the City of Riverside, Missouri, which Section shall read as follows: SECTION 440.115: ADULT ENTERTAINMENT BUSINESSES A. Definitions. All words and terms used in this Section shall have the meaning ascribed to such word or term in Chapter 622 of this Code. B. App~-ored Locations. Adult businesses are permitted by special use permit only in districts zoned "P' which are not a designated portion of a GP-General Planned Development District. Adult businesses located in a district zoned "P' must also comply in full with the Special Conditions described in subsection C below and the Requirements described in subsection D below. Adult businesses shall not be located in any districts or areas other than that specifically delineated in this subsection B. C. Special Co~iditiwis. No special use permit application shall be approved, and no special use permit shall be issued, for any adult business unless the applicant reasonably establishes in such application its compliance with the following conditions: No adult business shall be allowed to locate, or expand to, within five hundred (500) feet of any other adult business or of any business licensed to sell or serve alcoholic beverages, regardless of whether such business licensed to sell or serve alcoholic beverages is also an adult business. The distance between any two (2) adult businesses or between an adult business and a business selling or serving alcoholic beverages shall be measured in a straight line withouC regard to intervening structures from the closest exterior structural wall of each business. 2. Direct access to and from the adult business shall not be provided from a residential street, nor shall access be allowed through any private lot, private driveway or private street in a district zoned other than "L" 3. The property on which such use is located shall have a minimum of one hundred (100) feet of street frontage. 4. 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. 5. All off-street parking shall conform to the Code. Off-street parking shall be provided at a ratio equal to that required for other comparable commercial businesses. 6. All landscaping and screening requirements of the Code shall be observed. 7. 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. No adult entertainment activity shall take place partially or totally outside the adult business. 8. 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 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. CVDocuments :md SeuinosVInisickVLac:d SettingsA'fempurary INCmcI ~, FilcsVOLKTK024847RDOC 9. Lighting the parking area must provide a minimum light level of 0.25 footcandles over the entire parking area, but in no point shall the light level exceed 3.0 footcandles, nor shall any increase in light levels or visible glare be permitted at the lot line. 10. An application for an adult business license pursuant to Chapter 622 shall be submitted simultaneously with the application for special use permit. D. Site Plmi Required. Each application for a special use permit shall require the submission of an accompanying site plan. The site plan shall include, at a minimum, the following information: The site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet, or larger. 2. The site plan shall delineate the property lines of the proposed project, and shall indicate the zoning and present use of adjoining properties. 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 proposed building layout with the front, side and rear building setbacks as required in Subsection C(4) of this Section. 6. The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity. 7. 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 C(5) of this Section. 8. The site plan shall delineate all points of access and egress in accordance with Subsection C(2) of this Section. 9. 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. 10. The site plan shall delineate the gross floor area of the building or sU~ucture. 11. The site plan shall detail the proposed states of construction for all land in development and improvements within the proposed district. C:ADocuments and SettingsVImsicAVLucal SeUings\Tempor:uy Imemel 3 Files\O LK7\K024847R.DOC 12. The site plan shall describe the landscaping to be provided. 13. The site plan shall delineate the proposed exterior lighting in accordance with Subsection C(9) of this Section. 14. The site plan shall delineate the proposed architectural details of the facility in accordance with Subsection C(7) of this Section. 15. The site plan shall indicate the signage in accordance with Subsection C(8) of this Section. 16. The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site. 17. The site plan shall show that the measurements from the building to surrounding structures and property lines comply with this Section. Section 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this ordinance, or the application thereof to any circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance. Section 3. This Ordinance shall become effective immediately upon final passage and approval by the Mayor. Passed this ~ ~~day of November, 2001. ~~ ~~~~ / ") c.2~ /ti Mayor ATTE T: ,_ ~- ,, ~~ CL Y CLERK QVDocumcros and SettingsVIrusickVLucal Scuings\Tcmporary Imcnici 4 FilesVOLKTK0248478.DOC