HomeMy WebLinkAboutPZ03-50CITY OF KENAI
PLANNING & ZONING COMMISSION
PZ03-50
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA THAT TITLE 14 OF THE KENAI ZONING CODE BE AMENDED BY ADOPTING
KMC ?4.20.175 FOR THE REGULATION OF ADULT-ORIENTED BUSINESSES.
WHEREAS, adult-oriented businesses require a special supervision from the public
safety agencies of the City in order to protect and preserve the health, safety, morals
and welfare of the patrons of such businesses, as well as citizens of the City; and
WHEREAS, the Planning & Zoning Commission finds that adult-oriented businesses
are frequently used for unlawful activities, including prostitution and sexual liaisons
of a casual nature, and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health
concern of the City which demands reasonable regulation of adult-oriented businesses
in order to protect the health and well-being of the citizens of the City; and
WHEREAS, there is convincing, documented evidence that adult-oriented businesses,
because of their very nature, have a deleterious effect on both the existing businesses
around them and the residential. areas adjacent to them, causing increased crime and
downgrading of property values, and
WHEREAS, it is recognized that adult-oriented businesses, due to their nature, have
serious objectionable operational characteristics, particularly when they are located in
close proximity to each other, thereby contributing to urban blight and downgrading
the quality of life in the adjacent area; and
WHEREAS, the Planning and Zoning Commission desires to minimize and control
these adverse effects, thereby protecting the health, safety, and welfare of the
citizenry; protecting the citizens from increased crime; preserving the quality of life;
and preserving the property values and character of surrounding neighborhoods; and
WHEREAS, the Planning and Zoning Commission has determined that locational
criteria alone do not adequately protect the health, safety and general welfare of the
citizens of Kenai; and
WHEREAS, it is not the intent of this resolution to suppress any speech activities
protected by the constitutions of the United States or the State of Alaska but rather to
enact acontent-neutral ordinance, which addresses the secondary effects of adult-
oriented businesses.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS
PZ03-
Page 2 of 2
THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.].75 as set
out in Attachment A.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 10th day of December 2003.
Chairman
ATTEST:
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. -2003
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
TITLE 14 OF THE KENAI ZONING CODE BY ADOPTING KMC 14.20.175 FOR THE
REGULATION OF ADULT-ORIENTED BUSINESSES.
WHEREAS, adult-oriented businesses require a special supervision from the public
safety agencies of the City in order to protect and preserve the health, safety, morals
and welfare of the patrons of such businesses, as well as citizens of the City; and
WHEREAS, the City Council finds that adult-oriented businesses are frequently used
for unlawful activities, including prostitution and sexual liaisons of a casual nature,
and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health
concern of the City which demands reasonable regulation of adult-oriented businesses
in order to protect the health and well-being of the citizens of the Gity; and
WHEREAS, there is convincing, documented evidence that adult-oriented businesses,
because of their very nature, have a deleterious effect on bath the existing businesses
around them and the residential areas adjacent to them, causing increased crime and
downgrading of property values, and
WHEREAS, it is recognized that adult-oriented businesses, due to their nature, have
serious objectionable operational characteristics, particularly when they are located in
close proximity to each other, thereby contributing to urban blight and downgrading
the quality of life in the adjacent area; and
WHEREAS, the City Council desires to minimize and control these adverse effects,
thereby protecting the health, safety, and welfare of the citizenry; protecting the
citizens from increased crime; preserving the quality of life; and preserving the
property values and character of surrounding neighborhoods; and
WHEREAS, the City Council has determined that locational criteria alone do not
adequately protect the health, safety and general welfare of the citizens of Kenai; and
WHEREAS, it is not the intent of this ordinance to suppress any speech activities
protected by the constitutions of the United States or the State of Alaska but rather to
enact acontent-neutral ordinance, which addresses the secondary effects of adult-
oriented businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.175 is enacted as set out in Attachment A.
Ordinance No. -2003
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ____. day of December
2003.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
(11/3103 sp)
DRAFT
Title 14 PLANNING AND ZONING
I4.20.175 Ad ted usinesses
(a) Definitions. For the u ose of this chapter, the following definitions shall apply unless
the context c earl •n ' • ates or requires a different meaning:
1) "Adult o ore" means a commercial establishment where at least 51 percent of its
interior oor area or retail merchandise is devoted to the sale, rent, lease, inspection,
or viewing of books, films, video cassettes, magazines, or other periodicals whose
dominant theme is the or simulated specified sexual activities, display or
exhibition of spec' ~ato ical areas, removal of articles of clothing, or total
nudity.
2) "Adult cabaret" ea es ant, coffee house, or cabaret which features topless
dancers, stripper ma a or emale impersonators, or similar entertainers who provide
live adult entertai ant for commercial purposes.
3) "Adult entertainment" means any motion picture, live performance, display, or dance
of any type whose dominant theme is actual or simulated specified sexual activities,
display or exhibition of specifie a mica] areas, removal of articles of clothing, or
total nudity, offered for comm ci pu ses.
4) "Adult mini-theater" means n osed wilding with a capacity of less than 50
persons used for displaying ul . e ~mment through films, video, ar other motion
pictures for commercial pu o .
S} "Adult motion picture theater" means an enclosed building with a capacity of 50 or
more persons used for displaying adult entertainment through films, video, or other
motion pictures for commercial purposes.
6) "Adult business" means any adult b st , dolt cabaret, adult mini-theater, or
adult motion picture theater.
7) "Commission" means the City of Ke i P1 nning and Zoning Commission.
8) "Ownership interest" in any uninco orat d business, means any interest in real or
personal property used in connection - th the business, coupled with any degree of
exercise of management, supervision, direction, or control of the business. in any
incorporated business, the term "ownership interest" mea ownership of any stock of
the corporation.
9) "Operator or manager" means any natural pe res onsible for the actual operation
and management of an adult business.
10) "Specified anatomical areas" means:
i. Less than completely and opaquely cov uman genitals, pubic region,
buttocks, and female breast below a point immediately above the top of the
areola; and
ii. Human male genitals in a discernible turgid state, even if opaquely covered.
11) "Specified sexual activities" means simulated or actual:
i. Display of human genitals in a state of sexual stimulation or arousal;
ii. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-
masochistic abuse, fellatio, or cunnilingus; and
iii. Fondling or erotic touching of human genitals, pubic region, buttocks, or
female breasts.
Attachment A Page t of 6
Ordinance No. -2003
{b} Conditional Use Permit Required
1) No adult b ss ay be operated or maintained in the City of Kenai unless a
conditi a ern~i has been approved for that use by the Commission.
2) Ape it rn y i ued only for one adult business Iocated at a fixed and certain
place. ny rs who desires to operate more than one adult business must have a
separat c s tonal use permit for each adult business.
3) A penni issued under this chapter cannot be transferred to another location.
{c} Applications for Conditiana Permits
1) Applications for co al e permits under this chapter shall be made on a farm
provided by the lant~ artment. Applications shall be dated by and filed with
the Planning Dep rtm
2) Applications for and ions use permits shall contain:
i. The name e adult business and its address, the name of the owner, and
legal description of the property upon which the business will be located;
ii. The written authorization of the owner of the property, including land and
buildings, for the applica a that property as proposed;
iii. The name, including all alt es, d current mailing address of every person
wha has an ownership i ter in th adult business. The application shall also
identify a natural pers n e ontact person for purposes of the application
and official cvmmuni a ' s from the City of Kenai;
iv. The name, including all aliases, and current mailing address of the person or
persons who will operate or manage the business. Written proof that each
person who will operate or manage th mess is at least 21 years of age shall
also be provided;
v. fingerprints and two portrait p oto • ' t least two inches by three inches of
person or persons who will ape ate manage the adult business;
vi. If the applicant is a corporation the ame of the corporation, the date and state
of incorporation, the name an dress of its registered agent, the name and
address of all shareholders owning more than five percent of the stock in such
corporation, and all officers and directors of the co oration;
vii. A detailed exterior site plan ar as-built drawl r red to scale by a qualified
registered Surveyor or professional e eer hich shows the location and
dimensions of the real property used e b siness, the exterior dimensions
of the building or structure to be used fort ad It business, the height and bulk
of the building or structure, exteriar signag ail, all points of pedestrian and
vehicle access, buffering and landscaping, drainage, traffic circulation patterns,
exterior illumination, location of employee and customer parking;
viii. A detailed interior site plan or as-built drawing prepared to scale by a
qualified registered architect or professional engineer and approved by the fire
marshal which shows interior dimensions of the building or structure in which
the adult business will be operated as well as the dimensions and location of
ail walls, booths, enclosures, rooms, structures, fire exits, signage, mechanics!
areas, stairways and walkways;
Attachment A Page 2 of 6
Ordinance No. -2003
ix. A detailed plan of operations which demonstrates how the applicant will
operate the business in a manner consistent with this chapter; and
x. Anon- ~n ale application fee, set forth in KMC 14.05.020.
(d) Action on rm A p!i lions
Permit application sha a ~d in writing with the Planning Department. The Planning
Department shall d to ne whether an application for a conditional use permit under this
chapter meets the requirements of KMC 14.20.175(c). If the application does not, it shall be
returned promptly to the applicant with an explanation of any deficiency. If the application
meets the requirements of KMC 14. (c), the Planning Department shall forward the
application with its analysis a m dations to the Commission far public hearing under
this section.
1) An application that fo ~ to KMC 14.20.175(c) shall be heard by the
Commission a# pu is hearing. Notice of the public hearing shall be provided
under KMC 14.2 .
2) After a public hearing, and upon review of the Planning Department's analysis and
recommendations, the Commission shall consider:
i. Whether the proposed us a with mitigation, would be incompatible with
and adversely affect suer un~ng sidential neighborhoods;
ii. Whether the use wo d d to encourage or facilitate crime in the
surrounding area;
iii. Whether the propo se would adversely affect property values of
surrounding areas;
iv. Whether the proposed use would create unreasonable noise, visual blight, glare,
obtrusive advertising, or dust;
v, Whether the proposed use woul v e ' affect the safe and efficient flow of
traffic on any highway, arteri 1, c c •, or street from which access to and
from the business;
vi. Whether there are adequate p rki facilities to accommodate a reasonably
expected increased demand for eking generated by the business;
vii. The effectiveness of any measures proposed by the applicant or any other
person to reduce any negative effect upon adjace residential neighborhoods
by property line buffers and roadway buf nted berms, landscaping,
reduction or elimination of obtrusiv r ga s signing or other features,
lowered building elevation, clusterin t of er commercial establishments,
and use of frontage roads to reduce the nu bee of entries and exits onto
highways, arterials, and collectors, a where surrounding area is
predominantly residential in character, site, and building design features that
contribute to the residential character of surrounding development; and
viii. Whether the proposed site plans and plan of operations, together with any
amendments thereto, are consistent with the purposes of this chapter.
3) The Commission may grant a conditional use permit under this chapter only if the
applicant shows, and the Commission finds;
i. That the proposed use is compatible with or will not materially detract from the
value, character, and integrity of surrounding residential areas;
Attachment A Page 3 of b
Ordinance No. -2003
ii. That granting the conditional use permit will not be harmful to the public
health, safety, convenience, and welfare; and
iii. That pr osed use will not contribute to crime, noise, litter, traffic
c gem, vi al blight, and juvenile delinquency in areas surrounding the
4) In gran ing €ufy plication, the Commission shall require the applicant to comply
with th i or, exterior site plans, and the plan of operation as approved by the
Commission, together with the physical and operational requirements of this chapter.
The Commission may also require the applicant to comply with such additional
conditions necessary toe the compatibility of the proposed use with surrounding
property.
5) If the Commissi n dee a plication for a permit under this chapter, it shall make
specific finding ex in ow the proposed use does not conform to the
requirements oft is c apter.
{e} Physical Requirements
1) Adult businesses may only be located in the CC, CG, IL and IH zones. Additionally,
no adult business may be loc thin 1,000 feet of another adult business, a
church, other place of worship, or ub ' or private school.
2} An exterior sign identifying t e bess i allowed only if it is physically attached to
the building or structure use fo a usiness. Signs may not exceed 32 square feet
in area. Portable signs, i mounted on top of buildings, flashing, rotating,
animated, or intermittently ~ghted signs are prohibited. This section shall control the
use of signs by adult entertainment businesses if there is any conflict with KMC
14.20.220 (sign code}.
3) Sufficient parking shall be provided o e erty to accommodate all patrons and
employees as required under KMC 4.20 xterior parking areas for customers
and employees shall be illuminated.
4) Individual booths, rooms, ar cubicl s m y not be made available far the private
viewing of adult entertainment by pat s of an adult business unless each:
i. Is completely accessible to and from aisles and public areas of the adult
business and shall be unobstructed by any door, loc or other closing device;
ii. Is physically separated by a wall of at least s' ee igh from adjacent booths,
roams, cubicles, and non public areas;
iii. Has at least one side totally open to lic, ighted aisle sa that there is an
unobstructed view at all times of anyone oc up ng same;
iv, is constructed with three walls constructe ithout openings, extended from
the floor to a height of not less than six feet high, and finished with a light
colored, nonabsorbent, smooth textured, and easily cleanable paint or protective
coating;
v. Contains a floor that is light colored, nonabsorbent, smooth textured, and easily
cleanable;
vi. Is illuminated at all times with electric lighting of at least 10 foot candles at all
times as measured from the floor when the booth is not in operation; and
vii. Is occupied by only one individual at any time.
Attachment A Page 4 of G
Ordinance No. -2003
(f) Operational Requirements
1 } Hours of operation. Adult business may operate only between the hours of 10 a.m. to
12 midnight.
2) Adult in ma not allow persons under the age of eighteen (1 S) an premises at
any tirn .
3} Adult b sin not employ, hire, or engage the services of any person to manage
ar oper to usiness if that person has been convicted of a felony of any type, or of
any mis emeanor involving prostitution or prostitution related offenses, gambling,
assault, battery, possession, sale, or distribution of pornographic materials. On
request of the Planning D ment, the owner or manager of an adult business shall
supply proof satis o to he City of Kenai, including signed releases, where
necessary to veri y co compliance with this subsection.
4} Operators and m nag ha ke reasonable measures to ensure that occupants of
individual booth , ro s, or cubicles do not engage in any type of sexual activity,
cause any bodily ' c arge, or litter while in the booth.
5) The sale, service, and consumption of alcoholic beverages in any premises used for
an adult business, is prohibited.
6) Amplified sound may not be br ca outside buildings and structures used for adult
businesses.
7} Conditional use permits and a ~s a conditions imposed by the Commission
shall be displayed on the pr mi _ o hich the permit is issued and in a location
readily seen by patrons.
S) Every adult business shall require its operator or manager to ensure that no bottles,
litter, trash, garbage, junk, or other refuse is stored or abandoned by any person on
site except in sanitary, closed receptacles.
9) Every adult business shall ensure that d ents and information supplied to the
City of Kenai in connection with ap ova onditional use permit remain current
and are periodically updated where n cess y.
{g} Revocation of Permits. ~~
1} A conditional use permit maybe revoked for any of the fallowing reasons:
i. Any willful violation of this chapter or the terms nd conditions of a permit
issued under this chapter by the operator or n r of an adult business, or
any person having an ownership intere the ult business; and
ii. A material misrepresentation of fact e o erator or manager of an adult
business, or any person having an owners ip i terest in the adult business in
connection with the original application for onditional use permit.
iii. The operator becomes ineligible to obtain a license or permit.
iv. Any cost or fee required to be paid by this section is not paid.
v. Any intoxicating liquor or other alcoholic beverage is served on the premised
of the adult-oriented establishment.
vi. The licensee, manager or designated representative, is convicted of the
following offenses at the location to which an adult business license has been
issued:
1. Prostitution (AS i 1.66.100);
2. Promoting prostitution in the first degree (AS 11.66.110);
Attachment A Page 5 of 6
Ordinance No. -2003
3. Promoting prostitution in the second degree (AS l l .66.124);
4. Promoting prostitution in the third degree (AS 11.66.130);
5. P ~ ' minors at an adult entertainment business (AS 11.66.300).
2) Upon r t o the Planning Department and with the same notice to the
applica t a d p bli as required under KMC 14.20.280 for consideration of new
applica 'ons, ommission shall conduct a public hearing over whether a
conditi a permit issued under this chapter shall be revoked or modified. No
permit maybe revoked or modified by the Commission unless the person or entity to
wham the permit was originally issued and the legal owner of the real property upon
which the business is c cted has been given advance notice of the hearing
scheduled under th' e ion, n explanation prepared by the planning and Iand use
director of the re son .ffdr t roposed action, and an opportunity to be heard before
the Commission. r~
(ti} Penalties and Remed>
1 } This chapter and the terms and conditions of any conditional use issued under this
chapter maybe enforced under KMC 14.20.260.
2) In addition to the penalties prov' der KMC 14.20.260, violations of this chapter
or the conditions of any permi is ed der this chapter may result in suspension or
revocation of the permit in ac rde wit KMC 14.20-175(f).
3) Authorized representatives o th i o Kenai shall have the authority to enter any
adult oriented establishme 11 reasonable time to inspect the premises for the
purpose of determining compliance with the terms and conditions of applicable
permits, codes, regulations, and laws. At a minimum, reasonable times shall include
the operating hours of the establishment.
Attachment A Page 6 of 6
Ordinance No. -2003