Chapter 72 – ADULT ACTIVITIES OVERLAY ZONE
Sections:
72.05 User Guide
72.10 Designation – Required Review
72.15 Designation – Who May Apply
72.20 Designation – Criteria
72.25 Effect – General
72.30 Effect – Uses Allowed
72.35 Effect – Development Standards
72.40 Effect – Bonds
72.05 User Guide
This chapter establishes a mechanism for designating certain areas or improvements in the City for adult entertainment uses or activities normally not permitted within the City. This chapter also contains regulations that govern the nature and extent of adult entertainment uses or activities in those designated areas.
Various places on the Zoning Map contain an “AE” within dashed lines. This indicates that the area has been designated as an Adult Entertainment Overlay Zone where special regulations apply. These special regulations add to and in some cases supersede the other regulations of this code.
If you are interested in proposing that an area be designated as an Adult Entertainment Overlay Zone or if you wish to participate in the City’s decision on a proposed designation you should read KZC 72.10 through 72.20.
If you are interested in conducting an adult entertainment use or activity in an area designated as “AE” or if you wish to participate in the City’s decision on a proposed use or activity in an area designated as “AE” you should read KZC 72.25 through 72.35.
72.10 Designation – Required Review
The City will review and decide upon each application to designate an area as an Adult Entertainment Overlay Zone on the Zoning Map, using the quasijudicial rezone provisions of Chapter 130 KZC.
(Ord. 4121 § 1, 2008)
72.15 Designation – Who May Apply
Any person may apply to designate property as an Adult Entertainment Overlay Zone. To the extent that these provisions are inconsistent with the provisions of Chapter 130 or 152 KZC, the provisions of this section govern.
(Ord. 3852 § 1, 2002)
72.20 Designation – Criteria
The City may approve the designation of an area as an Adult Entertainment Overlay Zone only if it finds that:
1. The applicable criteria of Chapter 130 KZC are met; and
2. In commercial zones where either retail or theatre uses are specifically permitted uses with no review process required, except for Design Review; and
3. The proposed designation will not conflict with the policies of the Comprehensive Plan to such a degree as to be contrary to the public interest, health, safety or welfare, nor be injurious to nearby properties.
(Ord. 4476 § 3, 2015; Ord. 4030 § 1, 2006)
72.25 Effect – General
If the City Council enacts an ordinance designating an area as an Adult Entertainment Overlay Zone an “AE” will be placed on the area on the Zoning Map. Any development or use of property designated as an Adult Entertainment Overlay Zone must comply with this section through KZC 72.35. To the extent that the provisions in this section through KZC 72.35 conflict with any other requirements of this code, the provisions of this chapter govern. Where no conflict exists, the other requirements of this code apply.
72.30 Effect – Uses Allowed
The following uses may be permitted in an “AE” overlay zone:
1. The applicant may propose any use that is permitted in the underlying zone. The City will review and decide upon this use based on the provisions of this code as if the “AE” overlay zone did not exist.
2. The applicant may propose an adult entertainment activity or use. The City shall review and decide upon the proposed use or activity using Process IIB, described in Chapter 152 KZC. The City may approve an adult entertainment use or activity if:
a. The building or part of a building containing the proposed use or activity is located no closer than 1,500 feet to the subject property of any school, public park, athletic or recreation center, or establishment, which establishment caters to or is attended in substantial part by minors; or
b. The applicant can show, by clear and convincing evidence, that there is no location in the City that would comply with KZC 72.20 and 72.30(2)(a).
(Ord. 3852 § 1, 2002)
72.35 Effect – Development Standards
1. There may be no outside pictorial or other visual display that will be mounted within view of the general public other than the name of the establishment, a statement identifying the establishment as an adult entertainment establishment (which statement may contain no more than four words) and the street address.
2. The City shall establish with respect to any adult entertainment activity or use requirements for signs and parking, which requirements may vary to a moderate degree from the sign and parking requirements which would otherwise be required by this code; provided, that the City determines that such variations are necessary in the interest of the public health, safety and welfare and to protect nearby properties from injury.