[Ord. No. 99-148 §2, 12-1-1999]
A.
A
person may operate or cause to be operated a sexually oriented business
in accordance with the following regulations:
1.
A sexually oriented business may only be operated in "I1" Light Industrial
and "I2" Heavy Industrial zoning districts as those districts are
defined and described in the Unified Development Ordinance.
2.
A sexually oriented business shall not be operated within five hundred
(500) feet of the following:
a.
A church, synagogue, mosque, temple or building which is used for
religious worship and related religious activities;
b.
A public or private educational facility including but not limited
to child day care facilities, nursery schools, preschools, kindergartens,
elementary schools, private schools, intermediate schools, junior
high schools, middle schools, high schools, vocational schools, secondary
schools, continuation schools, special education schools, junior colleges,
and universities; school includes the school grounds;
c.
A boundary of a residential zoning district as defined in the Unified
Development Ordinance;
d.
A public park or recreational area which has been designated for
park or recreational activities including but not limited to a park,
playground, nature trails, swimming pool, reservoir, athletic field,
basketball or tennis courts, pedestrian/bicycle paths, wilderness
areas, or other similar public land within the County;
e.
The property line of a lot devoted to a residential use as defined
in the Unified Development Ordinance;
f.
An entertainment business which is oriented primarily towards children
or family entertainment; or
g.
A licensed premises, licensed pursuant to the alcoholic beverage
control regulations of the State.
For purposes of this provision, measurement shall be made in
a straight line, without regard to the intervening structures or objects,
from the nearest portion of the building or structure used as the
part of the premises where a sexually oriented business is conducted,
to the nearest property line of the premises of one (1) of the above-listed
uses. Presence of a City, County or other political subdivision boundary
shall be irrelevant for purposes of calculating and applying the distance
requirements of this provision.
3.
A sexually oriented business shall not be operated, established,
substantially enlarged or undergo transfer of ownership or control
within five hundred (500) feet of another sexually oriented business.
For purposes of this provision, the distance between any two
(2) sexually oriented businesses shall be measured in a straight line,
without regard to the intervening structures or objects or political
boundaries, from the closest exterior wall of the structure in which
each business is located.
4.
A person shall not cause or permit the operation, establishment or
maintenance of more than one (1) sexually oriented business in the
same building, structure, or portion thereof, or the increase of floor
area of any sexually oriented business in any building, structure,
or portion thereof containing another sexually oriented business.
5.
Any sexually oriented business lawfully operating on the effective date of this Article that is in violation of Section 405.5063 of this Article shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within five hundred (500) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is/are non-conforming.
[Ord. No. 99-148 §3, 12-1-1999]
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 11:00 P.M. and 9:00 A.M.
[Ord. No. 99-148 §4, 12-1-1999]
A.
Merchandise
or activities of the sexually oriented business shall not be visible
from any point outside such business.
B.
The
exterior portions of a sexually oriented business shall not have flashing
lights, or any words, lettering, photographs, silhouettes, drawings,
or pictorial representations of any manner except to the extent permitted
by the provisions of this Article.
C.
The
exterior portions of a sexually oriented business shall be painted
a single achromatic color; however, this provision shall not apply
to the business if the following conditions are met:
1.
The business is part of a commercial multi-unit center; and
2.
The exterior portions of each individual unit in the commercial multi-unit
center, including the exterior portions of the business, are painted
the same color as one another or are painted in such a way so as to
be a component of the overall architectural style or pattern of the
commercial multi-unit center.
D.
Nothing
in this Section shall be construed to require the painting of an otherwise
unpainted exterior portion of an enterprise.
[Ord. No. 99-148 §5, 12-1-1999]
A.
Any person operating a sexually oriented business shall comply with the signage requirements set forth in the Unified Development Ordinance at Sections 405.470 through 405.490, Ordinances of St. Charles County, Missouri. However, the following requirements apply to signage for sexually oriented businesses and supersede any conflicting provisions in the Unified Development Ordinance:
1.
Only one (1) on-premises properly-permitted sign is allowed to advertise
the sexually oriented business.
2.
Signs shall be a flat plane, rectangular in shape and have no more
than two (2) display surfaces. Each display surface shall not exceed
seventy-five (75) square feet in area and shall not exceed ten (10)
feet in height or ten (10) feet in length.
3.
No sign shall contain photographs, silhouettes, drawings or pictorial
representations of any manner, and may only contain the following:
a.
The name of the business; and/or
c.
Signs for adult movie theaters may contain the additional phrase
"Movie Titles Posted Inside Premises".
d.
Each letter forming a word on a sign shall be of a solid color, and
each such letter shall be the same print-type, size and color. The
background behind such lettering on the display surface of a primary
sign shall be of a uniform and solid color.
[Ord. No. 99-148 §6, 12-1-1999]
A.
Misdemeanor. Any person who violates any provision of this
Article shall be guilty of a misdemeanor and shall be punished by
a fine not to exceed five hundred dollars ($500.00) a day or six (6)
months' imprisonment, or both. Each and every day that such violation
continues shall constitute a separate offense.
B.
Persons Liable. The owner or general agent of any such land,
building, structure, or premises where a violation of these provisions
has been committed or shall exist, or the lessee or tenant of any
entire building or entire premises where such violation has been committed
or shall exist, or the owner, general agent, lessee, or tenant of
any part of the building or premises in which the violation has been
committed or shall exist, or the owner, general agent, architect,
builder, or contractor, or any other person who knowingly commits,
takes part, or assists in such violation or who maintains any building
or premises in which any such violation shall exist, shall be guilty
of a misdemeanor and shall be punished by a fine not to exceed five
hundred dollars ($500.00) per day or six (6) months' imprisonment,
or both. Each and every day that such violation continues shall constitute
a separate offense.
C.
Inspection/Notice. The Director of the Division of Planning
and Zoning or his/her duly authorized representative shall have the
power to cause any land, building, structure, place, or premises to
be inspected and examined and to order in writing the remedying of
any condition found to exist therein in violation of this Article.
If the Director of the Division of Planning and Zoning or his/her
duly authorized representative finds that the use of any building,
structure, or land, or the work on any building or structure, violates
any of the provisions of this Article, the Director of the Division
of Planning and Zoning or his/her duly authorized representative shall
sign and issue a written order so stating. With respect to uses that
violate this Article, the written order shall direct that such use(s)
be stopped within ten (10) days. With respect to work on buildings
or structures that violates this Article, the written order shall
direct that such work be stopped immediately. The written order shall
be served upon the owner and (where appropriate) the tenant or lessee
or occupant of the building, structure or land that is the subject
of the violation, as well as on any person doing work on buildings
or structures in violation of this Article.
D.
Actions To Abate. Nothing in this provision shall be construed
to limit the ability of the County or other affected persons to pursue
any other remedies available, including a suit for injunction, in
order to enforce the provisions of this act or prevent any illegal
act, conduct, business, or use in or about the premises.
[Ord. No. 99-148 §7, 12-1-1999]
Enforcement of this Article shall be the responsibility of the
Division of Planning and Zoning. The office of the County Counselor
shall be responsible for prosecuting these cases or pursuing other
legal remedies for the violations of the ordinance.
