Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 23-078Ord.No:          19477

Agenda Title:

A. 23-078 2R An ordinance amending the Unified Development Ordinance, Chapter 14, of the Independence City Code pertaining to office and commercial districts uses for adult businesses.

Recommendations:

Commissioner Preston made a motion to recommend approval of UDO Amendment #57 Adult Businesses.  A second to the motion was made by Commissioner Ferguson.  The Independence Planning Commission voted as follows:

Commissioner Nesbitt – Yes

Commissioner H. Wiley – Yes

Commissioner L. Wiley – Yes

Commissioner McClain – Yes

Commissioner Preston – Yes

Commissioner Ferguson – Yes

 

The motion passed and such amendment is forwarded to the City Council for its consideration. Staff recommends approval of this UDO Amendment #57 Adult Businesses.

Executive Summary:

The City proposes Amendment #57 of the Unified Development Ordinance (UDO) regarding office and commercial districts uses related to adult business.

Background:

This amendment modifies language in the UDO that updates the Office and Commercial Districts regulations pertaining to adult businesses.

 

In March 1993, the City Council passed Ordinance No. 12351 enacting a new Article 17 of Chapter 5 to regulate adult entertainment businesses.  This ordinance only regulated adult entertainment businesses (for example, adult cabaret, adult arcade, and adult entertainment facilities).  However, this ordinance did not regulate other adult businesses. 

 

In March 2023, the Council asked for an amendment to the City’s existing adult entertainment regulations found in Chapter 5 Business and Occupation Licenses.  Staff prepared the changes after researching best practices from communities around Missouri.  The amendment included the regulations applying to all adult businesses and updating other operational provisions: 

·         Updates license requirements to apply to all adult businesses.

·         Updates the license application information, the application processing, and license issuance/disapproval.

·         Updates license ineligibility and disqualification including the separation requirements (i.e., from school, church, licensed child care center, public park; and property zoned or used for residential purposes as well as from any establishment holding a liquor license) applies to all adult businesses. 

·         Updates the Standard of Conduct to apply to all adult business.

·         Updates the requirements for a manager to be on premises for all adult businesses.

·         Updates the suspension, revocation and non-renewal of a license so it applies to all adult businesses.

 

In June 2023, the City Council asked for an amendment to the land use regulations found in the UDO pertaining to adult businesses. 

 

The proposed UDO amendment would require approval of a special use permit for any adult business in the C-2 District. 

 

Staff believes the proposed amendment will better serve our community and help regulate all adult businesses.

 

Draft Planning Commission minutes:

"Case 23-175-03 – UDO Amendment #57 – Adult Businesses

Staff Presentation

Rick Arroyo presented the case and provided background information on regulating adult entertainment businesses. In March 2023, the Council asked for an amendment to the City’s existing adult entertainment regulations found in Chapter 5 Business and Occupation Licenses.  Staff prepared the changes after researching best practices from communities around Missouri. 

 

Mr. Arroyo stated the amendment included the regulations applying to all adult businesses and updating other operational provisions: 

•   Updates license requirements to apply to all adult businesses.

•   Updates the license application information, the application processing, and license      issuance/disapproval.

•   Updates license ineligibility and disqualification including the separation requirements (i.e., from school, church, licensed childcare center, public park; and property zoned or used for residential purposes as well as from any establishment holding a liquor license) applies to all adult businesses. 

•   Updates the Standard of Conduct to apply to all adult business.

•   Updates the requirements for a manager to be on premises for all adult businesses.

•   Updates the suspension, revocation and non-renewal of a license so it applies to all adult businesses.

 

Mr. Arroyo noted in June 2023, the City Council asked for an amendment to the land use regulations found in the UDO pertaining to adult businesses.  He advised the proposed UDO amendment would require approval of a special use permit for any adult business in the C-2 District.  Mr. Arroyo said staff believes the proposed amendment will better serve our community and help regulate all adult businesses.   

 

In response to Commissioner L. Wiley, Mr. Arroyo stated there are not limits on those types of businesses in the city limits, but require a special use permit, and updated the distance between them. Mr. Arroyo said what was proposed was one thousand two hundred feet from schools, churches, daycare centers, residential zoned districts, and one thousand feet from other adult businesses and businesses that sale alcohol.

 

Public Comments

            No public comments.

 

Motion

Commissioner Preston made a motion to approve Case 23-175-03 – UDO Amendment #57 – Adult Businesses.  Commissioner Ferguson seconded the motion.  The motion passed with six affirmative votes."

Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
Staff ReportBackup Material
City Code ChangesBackup Material