[R.O. 1993 § 400.030; Ord. No. 1431 § III, 8-13-1968; Ord. No. 1472 § 1, 4-22-1969; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2397 § 1, 1-12-1999]
A. 
In order to classify, regulate, and restrict the location of trades, industries, and the location of buildings designed for specified uses; to regulate and limit the height and use of buildings hereafter erected or structurally altered; to regulate and limit the intensity of use and the lot areas; and to regulate and determine the areas of yards, courts, and other open spaces surrounding such buildings, the City is hereby divided into districts of which there shall be nine (9) in number known as:
"A"
-
Agricultural District
"R-1"
-
Residential District
"R-2"
-
Residential District
"R-3"
-
Residential District
"B-1"
-
General Business District
"B-2"
-
Central Business District
"I"
-
Industrial District
"AE"
-
Adult Entertainment
"M-1"
-
Mobile Home Park District
B. 
The boundaries of these districts are shown upon the "District Map" which accompanies and is made a part of this Chapter. Said map and all the information shown thereon shall have the same force and effect as if all were fully set forth or described herein. The original of this is properly attested and is on file with the City Clerk.
C. 
All territory which may hereafter be annexed to the City of Charleston shall be classified in the "R-1" Residential District until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Section 400.170 of this Chapter.
D. 
Whenever any street or other public way is vacated by official action of the City of Charleston, the zoning district adjoining in each side of such street or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
E. 
Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map, the following rules shall apply:
1. 
Where a boundary line is given a position within a street, alley, or non-navigable stream, it shall be deemed to be in the center of the street, alley or stream, and if the actual location of such street, alley or stream varies slightly from the location as shown on the District Map, then the actual location shall control.
2. 
Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.
3. 
Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right of way and distances measured from a railroad shall be measured from the center of the designated main line track.
4. 
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, such boundaries shall be construed to be the lot lines and where the districts are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.
5. 
In unsubdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale contained on such map.
F. 
Except as hereinafter provided:
1. 
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered nor shall any building or land be used except for the purpose permitted in the district in which the building or land is located.
2. 
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the height, yard, area per family, parking and other regulations prescribed herein for the district in which the building is located.
3. 
The minimum yards and other open spaces, including lot areas per family required by this Chapter, shall be provided for each and every building or structure hereafter erected, and such minimum yards, open spaces, and lot areas for each and every building or structure whether existing at the time of passage of this Chapter or hereafter erected shall not be encroached upon or be considered as a yard or open space requirement for any other building or structure.
4. 
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on one (1) lot unless otherwise provided in this Chapter.
[1]
Editor's Note: Ord. No. 2397, adopted 1-12-1999, amended the comprehensive zoning plan and district map originally adopted by Ord. No. 2364 on 6-9-1998. A copy of the new plan and map are on file in the city offices.
[R.O. 1993 § 400.040; Ord. No. 1431 § IV, 8-13-1968; Ord. No. 2364 § 1, 6-9-1998]
A. 
The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "A" Agricultural District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Farms, truck gardens, and nurseries, including the sale and distribution of agricultural products and products other than machinery, that are to be used for agricultural purposes; provided; however, that no farm shall be operated either publicly or privately for the feeding or disposal of garbage, rubbish, or offal.
b. 
Roadside stands, offering for sale only farm products which are produced upon the premises.
c. 
Grain elevators or similar storage structures, including buildings for seasonal or temporary storage of grain, whenever such elevator and temporary storage are located upon or adjacent to a railroad right of way.
d. 
Accessory building or use customarily incidental to any of the above uses.
e. 
Public utilities including water treatment plants, sewage treatment plants and electrical distribution plants.
f. 
Single-family dwellings used by farm employee, tenant or primary farm owner/operator.
2. 
Conditional Uses. Conditional uses are permitted upon written application to the City Planning and Zoning Committee and approval of the City Council.
3. 
Sign Regulations. Sign regulations shall be provided as set forth in Chapter 425 of this Code.
4. 
Height And Area Regulations. Height and area regulations shall be provided as set forth in Section 400.110.
[R.O. 1993 § 400.050; Ord. No. 1431 § V, 8-13-1968; Ord. No. 2364 § 1, 6-9-1998]
A. 
The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the "R-1" Residential District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Farming (excluding accessory buildings).
b. 
Single-family dwellings.
c. 
Churches.
d. 
Public buildings, parks, playgrounds, and community centers.
e. 
Public schools, elementary and high, and private educational institutions having a curriculum the same as ordinarily given in public schools, and having no rooms regularly used for housing and sleeping rooms.
f. 
Home occupations means any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling and which is carried on wholly within a main building or accessory building by a member of the family residing on the premises, provided that no person not a resident on the premises is employed, no stock in trade is kept, or commodities sold, no internal or external alterations or special construction of the premises are involved, no equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare, x-ray or electrical disturbance to radio or television instruments, no generation of substantial volumes of vehicular or pedestrian traffic or parking demand is created, and in connection with which there is no advertising sign displayed other than a nameplate not exceeding one (1) square foot in area, and there is no other exterior indication that the building is being used for any purpose other than a dwelling. When within the above requirements, a home occupation includes, but is not limited to the following:
1. 
Art studio.
2. 
Babysitting, limited to two (2) children at one (1) time.
3. 
Dressmaking.
4. 
Beauty shop.
5. 
Office of a physician or dentist for consultation or emergency treatment, but not for general professional practice.
6. 
Professional office of a real estate agent, insurance agent, or similar occupation.
7. 
Teaching, limited to not more than two (2) pupils at one (1) time.
g. 
Golf courses, except miniature courses or practice driving tees operated for commercial purposes.
h. 
Railroad rights of way, including a strip of land with tracks and auxiliary facilities for track operations.
i. 
Temporary buildings, the use of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner.
j. 
Temporary signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located.
k. 
Accessory buildings and uses including, but not limited to, accessory private garages, servants' quarters, guest houses, swimming pools, home barbecue grills, customary church bulletin boards or identification signs not exceeding thirty (30) square feet in area for permitted public and semi-public uses, accessory storage, and accessory off-street parking and loading spaces.
2. 
Conditional Uses. Conditional uses are permitted upon written application to the City Planning and Zoning Committee and approval of the City Council.
3. 
Sign Regulations. Sign regulations shall be provided as set forth in Chapter 425 of this Code.
4. 
Height And Area Requirements. Height and area requirements shall be provided as set forth in Section 400.110.
5. 
Parking Regulations. Parking regulations shall be provided as set forth in Section 400.130.
6. 
Fence Regulations. Fence regulations shall be provided as set forth in Section 400.135.
[R.O. 1993 § 400.060; Ord. No. 1431, § VI, 8-13-1968; Ord. No. 2364 § 1, 6-9-1998]
A. 
The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "R-2" Residential District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Any use permitted in the "R-1" Residential District.
b. 
Two-Family Dwellings.
2. 
Conditional Uses. Conditional uses are permitted upon written application to the City Planning and Zoning Committee and approval of the City Council.
3. 
Sign Regulations. Sign regulations shall be provided as set forth in Chapter 425 of this Code.
4. 
Height And Area Regulation. Height and area regulation shall be provided as set forth in Section 400.110.
5. 
Parking Regulations. Parking regulations shall be provided as set forth in Section 400.130.
6. 
Fence Regulations. Fence regulations shall be provided as set forth in Section 400.135.
[R.O. 1993 § 400.065; Ord. No. 2364 § 1, 6-9-1998]
A. 
The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "R-3" Residential District.
1. 
Use Regulations.
a. 
Any use permitted in the "R-2" Residential District.
b. 
Multi-family dwelling.
2. 
Conditional Uses. Conditional uses are permitted upon written application to the City Planning and Zoning Committee and approval by the City Council.
3. 
Sign Regulations. Sign regulations shall be provided as set forth in Chapter 425 of this Code.
4. 
Height And Area Regulations. Height and area regulations shall be provided as set forth in Section 400.110.
5. 
Parking Regulations. Parking regulations shall be provided as set forth in Section 400.130.
6. 
Fence Regulations. Fence regulations shall be provided as set forth in Section 400.135.
[R.O. 1993 § 400.070; Ord. No. 1431, § VII, 8-13-1968; Ord. No. 1932 § 1, 6-13-1978; Ord. No. 1953 § 1, 5-15-1979; Ord. No. 2054 § 1, 2-14-1984; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2440 § 1, 1-11-2000; Ord. No. 2576 § 2, 5-14-2005]
A. 
The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "B-1" General Business District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
(1) 
Any use permitted in "B-2" Central Business District.
(2) 
Any residential use (single-family, two-family or multi-family) shall be a conditional use requiring written application to the City Planning and Zoning Committee and City Council approval.
b. 
Automobile parking lots.
c. 
Bowling alleys, dance halls, or skating rinks.
d. 
Dressmaking, tailoring, shoe repairing, repair of appliances and bicycles, dry cleaning and pressing, and bakery with sale of bakery products on the premises and other uses of a similar character.
e. 
Farm machinery, implements and equipment, sale and repair.
f. 
Funeral homes or mortuaries.
g. 
Hotels and motels.
h. 
Offices and office buildings.
i. 
Commercial garages and automobile repair shops and garages, but no junk yards.
j. 
Personal service uses, including barber shops, beauty parlors, photographic or artists' studios, taxicabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants, and other personal service uses of a similar character.
k. 
Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store.
l. 
Self-service laundries and dry cleaning establishments.
m. 
Service stations.
n. 
Theaters, drive-in theaters and assembly halls.
o. 
Accessory buildings and uses.
p. 
Storage buildings, being any structure having a roof supported by columns or walls for the shelter, enclosure and storage of personal property such as furniture, machinery or equipment.
q. 
Private clubs and lodges.
r. 
Truck terminals.
s. 
General service and repair establishments including dyeing and cleaning works or laundry, plumbing and heating, printing, painting, upholstering, tinsmithing or appliance repair shop.
2. 
Conditional Uses. Conditional uses are permitted upon written application to the City Planning and Zoning Committee and approval of the City Council.
3. 
Sign Regulations. Sign regulations shall be provided as set forth in Chapter 425 of this Code.
4. 
Height And Area Regulations. Height and area regulations shall be provided as set forth in Section 400.110.
5. 
Parking Regulations. Parking regulations shall be provided as set forth in Section 400.130.
6. 
Fence Regulations. Fence regulations shall be provided as set forth in Section 400.135.
[R.O. 1993 § 400.080; Ord. No. 1431 § VIII, 8-13-1968; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2440 § 2, 1-11-2000]
A. 
The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "B-2" Central Business District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Any use permitted in the "B-1" General Business District.
b. 
Private clubs and lodges.
c. 
Hospitals or clinics for small animals, dogs, cats, birds, and the like.
d. 
Laboratories, research, experimental or testing.
e. 
Wholesale merchandising or storage warehouses.
f. 
General service and repair establishments including dyeing or cleaning works, or laundry, plumbing and heating, printing, painting, upholstering or tinsmithing.
g. 
Compounding of cosmetics, toiletries, drugs, and pharmaceutical products.
h. 
Outdoor advertising sign or structure.
i. 
Accessory buildings and uses.
j. 
Doctors, dentists, clinics and other healing arts.
2. 
Conditional Uses. Conditional uses are permitted upon written application to the City Planning and Zoning Committee and approval of the City Council.
3. 
Sign Regulations. Sign regulations shall be provided as set forth in Chapter 425 of this Code.
4. 
Height And Area Requirements. Height and area requirements shall be provided as set forth in Section 400.110.
5. 
Parking Regulations. Parking regulations shall be provided as set forth in Section 400.130.
6. 
Fence Regulations. Fence regulations shall be provided as set forth in Section 400.135.
[R.O. 1993 § 400.090; Ord. No. 1431 § IX, 8-13-1968; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2576 § 1, 5-14-2005]
A. 
The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the "I" Industrial District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Any non-residential use permitted in the "B-2" Central Business District.
b. 
Wholesale merchandising or storage warehouses.
c. 
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
d. 
Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus.
e. 
Manufacture or assembly of boats, bolts, nuts, screws and rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery and hardware products, sheet metal products and vitreous enameled metal products.
f. 
Manufacture or storage of food products, including beverage blending or bottling, bakery products, candy manufacture, fruit and vegetable processing and canning, packing and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals.
g. 
Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, and printing and finishing of textiles, and fibers into fabric goods.
h. 
Manufacture of boxes, crates, furniture, baskets, veneer and other wood products of a similar nature.
i. 
Generally those light manufacturing uses similar to those listed in Subsection (A)(1)(a) to (h) above which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odors, heat or glare than that which is generally associated with light industries of the type specifically permitted.
j. 
Accessory buildings and uses including accessory signs and advertising structures related to the activity conducted on the premises but with total sign area not to exceed one hundred (100) square feet.
k. 
Any other use not in conflict with the enactment laws of the State of Missouri or the City of Charleston regulating nuisances provided that no use emitting or likely to emit substantial amounts of dust, odor, gas, smoke or noise and none of the following specific uses shall be permitted unless approved by the City Council after a review and report of the Board of Adjustment subject to such requirements as it may deem necessary to protect adjacent property and prevent objectionable or offensive conditions:
Acid manufacture.
Distillation of bones.
Explosives, manufacture or storage.
Fat rendering.
Fertilizer manufacture.
Garbage, offal or dead animal reduction or dumping.
Glue manufacture.
Stockyards or slaughter of animals.
Wholesale storage of gasoline.
Any similar use that would be hazardous to the public health, safety or welfare.
In authorizing any of the uses in this Subsection, there may be imposed such reasonable requirements as to landscaping, screening and other features of the development as are deemed necessary to protect adjacent property and prevent objectionable or hazardous conditions.
2. 
Conditional Uses. Conditional uses are permitted upon written application to the City Planning and Zoning Committee and approval of the City Council.
3. 
Sign Regulations. Sign regulations shall be provided as set forth in Chapter 425 of this Code.
4. 
Height And Area Regulations. Height and area regulations shall be provided as set forth in Section 400.110.
5. 
Parking Regulations. Parking regulations shall be provided as set forth in Section 400.130.
6. 
Fence Regulations. Fence regulations shall be provided as set forth in Section 400.135.
[R.O. 1993 § 400.095; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2394 §§ 1 — 2, 1-12-1999]
A. 
Purpose.
1. 
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 objectional 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.
2. 
These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use property. Special regulation of adult entertainment establishments is necessary to insure that the adverse affect of such 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 neighborhoods.
B. 
Definitions. For the purposes of this Section the following terms shall be deemed to have the meaning indicated below:
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. A principal business activity exists where the commercial establishment:
1. 
Has a substantial portion of its displayed merchandise which consists of such items;
2. 
Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items;
3. 
Has a substantial portion of the retail value of its displayed merchandise which consists of such items;
4. 
Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items;
5. 
Maintains a substantial section of its interior business space for the sale or rental of such items; or
6. 
Maintains an adult arcade. "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT ESTABLISHMENTS
Any of the establishments, businesses, buildings, structures or facilities defined in this Subsection.
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 predominately 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 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 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 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.
BATHHOUSE
An establishment or business which provides the service 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.
MASSAGE BUSINESS
Any place of business in which massage therapy is practiced.
MASSAGE THERAPIST
A health care practitioner who provides or offers to provide massage therapy, as provided in Sections 324.240 to 324.275, RSMo., to any person at no cost or for a fee, monetary or otherwise, implying that the massage therapist is trained, experienced and licensed in massage therapy, and who holds a current, valid license to practice massage therapy.
MASSAGE THERAPY
A health care profession which involves the treatment of the body's tonus system through the scientific or skillful touching, rubbing, pressing or other movements of the soft tissues of the body with the hands, forearms, elbows, or feet, or with the aid of mechanical apparatus, for relaxation, therapeutic, remedial or health maintenance purposes to enhance the mental and physical well-being of the client, but does not include the prescription of medication, spinal or joint manipulation, the diagnosis of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law, or to those occupations defined in Chapter 329, RSMo.
SEMI-NUDE MODELING STUDIO
A place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Such definition shall not apply to any place where persons appearing in a state of semi-nudity do so in a modeling class operated:
1. 
By a college, junior college, or university supported entirely or partly by taxation;
2. 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
3. 
In a structure:
(1) 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
(2) 
Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.
SPECIFIED SEXUAL ACTIVITY
Includes any of the following:
1. 
Intercourse, oral copulation, masturbation, or sodomy; or
2. 
Excretory functions as a part of or in connection with any of the activities described in Subsection (1) of this definition.
C. 
Approval.
1. 
Approval.
a. 
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 item which this code specifically requires.
b. 
The Zoning Enforcement Person shall review the permit to make sure it meets all the requirements of this Section and then pass all the required information on to the Planning Commission.
c. 
The Planning Commission shall review the preliminary site plan and make its recommendation to the City Council regarding the conditional use permit.
d. 
The City Council shall review the preliminary site plan, conditional use permit, and all other drawings and other information required by this Section.
e. 
The City Council shall have the discretion to approve or disapprove the conditional use permit.
f. 
The City Council 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 notified by the Planning Commission.
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 approval. In such event, all land uses are illegal and shall be deemed to be non-conforming uses and shall be summarily removed and abated.
2. 
Final Site Plan Approval.
a. 
Upon approval of the conditional use permit by the City Council, the applicant shall have three (3) months to submit a final site plan application to the Planning Commission for its review.
b. 
The final site plan may be submitted separately for the first and each successive stage of construction.
c. 
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.
d. 
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.
e. 
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.
f. 
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 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.
g. 
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 first site plan by the Planning Commission and the issuance of a building permit.
h. 
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.
i. 
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 City Council and zoning shall be changed to the original classification.
j. 
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 established by the approved final site plan for are to be converted by buildings, parking spaces, entrances, height, setback and other requirements, such adjustments may be approved by the City Council upon application, and after receiving the recommendations of the Planning Commission.
D. 
Location And Requirements Within District "AE." Any adult bookstore, adult entertainment facility, bathhouse, massage shop or nude modeling studio 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 seven thousand 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 landscape 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.
8. 
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 landscaped buffer along all street frontage.
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. 
No adult entertainment establishments as defined in Subsection (B) of this Section shall be located within one thousand (1,000) feet of any church, school, library or area zoned for residential use.
E. 
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 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.
5. 
The site plan shall delineate the solid masonry screening as provided in Subsection (D) above.
6. 
The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in Subsection (D) 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 Subsection (D) above.
9. 
The site plan shall delineate all points of access and egress in accordance with Subsection (D)(2) above.
10. 
The site plan shall present in tabular form the proposed net density of the use providing for the number of seats.
11. 
The site plan shall delineate the gross floor area of the building or structure.
12. 
The 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 Subsection (D)(9) above.
15. 
The site plan shall delineate the proposed architectural details of the facility in accordance with Subsection (E)(1) through (9) above.
16. 
The site plan shall indicate the signage in accordance with Subsection (D)(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.
F. 
Uses Regulated. No adult bookstore, adult entertainment facility, bathhouse, massage shop nor nude modeling studio shall be permitted except in District "AE" subject to other provisions of this Section and within the boundaries of the Commercial "B-1" District.