ST. LOUIS PUBLIC LIBRARY
PREMIER LIBRARY SOURCES
HOME KIDZONE CATALOG SEARCH BULLET



BULLET St. Louis City Revised Code Chapter 26.72 Regulated Uses

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 26.72
Regulated Uses

Sections:

26.72.010 Purpose.
26.72.020 Definitions.
26.72.030 Location regulations.
26.72.040 Waiver provisions.

26.72.010 Purpose.

In the enactment, execution and enforcement of this title, it is recognized that there are some uses which, due to the nature of their operation, are recognized as having serious objectionable operational characteristics, particularly when several of said uses are concentrated in close proximity to each other thereby having a detrimental effect upon the surrounding area. The regulation of these uses is necessary to insure that the detrimental effects will not contribute to the blighting, downgrading or otherwise diminution of property values of the surrounding neighborhood. The primary purpose of these regulations is to prevent a concentration of these uses in any one (1) area. Uses subject to these controls are:

A. Adult book store;

B. Adult motion picture theater;

C. Adult peep show;

D. Massage establishment.
(Ord. 59979 19 (part), 1986.)

26.72.020 Definitions.

A. Adult Book Store. "Adult book store" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals or motion picture films, video tapes, or sound recordings which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities or specified anatomical areas," (as defined below) or an establishment with a segment or section devoted to the sale or display of such material.

B. Adult Motion Picture Theater. "Adult motion picture theater" means an establishment wherein motion pictures are shown which present material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," (as defined below) for observation by patrons therein.

C. Adult Peep Show. "Adult peep show" means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein by means of coin operated or manual operated viewing devices.

D. Massage Establishment. "Massage establishment" means an establishment or operation within the meaning of Chapter 8.24 of the Revised Code of the City of St. Louis.

E. Specified Sexual Activities and Specified Anatomical Areas.

1. For the purpose of this section, "specified sexual activities" is defined as:

a. Human genitals in a state of sexual stimulation or arousal;

b. Acts of human masturbation, sexual intercourse or sodomy; bondage, sadomasochism, or bestiality;

c. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

2. And "specified anatomical areas" is defined as:

a. Less than completely and opaquely covered;

i. Human genitals, pubic region,

ii. Buttock, and

iii. Female breast below a point immediately above the top of the areola; and

b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 59979 19 (part), 1986.)

26.72.030 Location regulations.

Except as otherwise provided under the waiver provisions of this chapter, no building or land shall hereafter be used for any of the uses set out in Section 26.72.020 if:

A. The boundaries of the site of the proposed location is within five hundred (500) feet of a residentially zoned district; or

B. The boundaries of the site of the proposed location is within five hundred (500) feet of a church or elementary, intermediate or high school, or college, junior college or university.

C. There is already in existence, two (2) or more regulated uses within one thousand (1,000) feet of the boundaries of the site of the proposed regulated use.
(Ord. 59979 19 (part), 1986.)

Cases:

Ordinance regulating the location of certain adult businesses was held valid against the contention that the Board of Aldermen failed to consider any relevant evidence or review any empirical data regarding the alleged concerns the ordinance was intended to redress before passing the ordinance. Thames Enterprises, Inc. v. City of St. Louis, 851 F. 2d 199 (8th Cir. 1988).

26.72.040 Waiver provisions.

Applications to establish any of the above regulated uses shall be forwarded immediately by the Building Commissioner to the Community Development Commission.

A. The prohibition against locating any of the above regulated uses within five hundred (500) feet of a residentially zoned district shall be waived upon the presentment, to the Community Development Commission, of a validated petition requesting such waiver, signed by fifty-one percent (51%) of those persons owning, residing, or operating a business establishment within five hundred (500) feet of the nearest property line of the proposed location. Said petition shall be on forms provided by the Community Development Commission and secured in accordance with rules and regulations governing the procedure for securing the petition of consent, adopted by the Commission. The circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the Commission's rules and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appears thereon. The Commission shall not consider the waiver of locational requirements set forth in subsection B of this section until the above-described petition, if required, shall have been filed and verified.

B. The Community Development Commission may waive the one thousand (1,000) feet separation regulation if the following findings are made:

1. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this title will be observed.

2. That the proposed use will not enlarge or encourage the development of a "skid row" area.

3. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.

4. That all applicable regulations of the title will be observed.

C. Prior to granting such regulated use, the Community Development Commission shall give due Notice of Receipt of any application under consideration (Notice of Application) to all persons to whom any real property within five hundred (500) feet of the premises in question shall be assessed, and to the occupants of all single; two (2); three (3); and four (4) family buildings and to the managers of all multi-unit buildings over four (4) families (who shall be requested to post such notice in an appropriate location within the multi-unit building) and to all places within five hundred (500) feet, and to any neighborhood improvement organizations known to exist in the area (who have informed the Community Development Commission in writing of their existence). Such notice shall be delivered personally or by mail addressed to the respective owners and if the tenant's name is not known, the term "Occupant" may be used.

D. The notice of application shall inform the recipient of the applicant's name, the applicant's proposal, the local address and the lot number and subdivision name of the premises in question, and the section of the zoning ordinance under which the proposal is being processed. Such notice shall also invite the expression of comments, statements or opinions either in writing, in person or via telephone with a time period expiring not less than fourteen (14) calendar days from the mailing date of such notice.

E. Subsequent to the deadline for response to the notice of application, a decision shall be made by the Community Development Commission (taking into consideration the comments, statements and opinions expressed) to either approve, approve with conditions or deny the proposal in accordance with the standards set forth in this section. If no protests to the proposal were received by the Community Development Commission response to the notice of application having been mailed and if the applicant accepts the decision of the Community Development Commission this decision shall be deemed final and shall take immediate effect. If, however, a protest was received by the Community Development Commission in response to the notice of application having been mailed, this decision shall not take effect until the expiration of the appeal period set forth below, or in the event said decision is appealed, until it is ruled on by the Board of Adjustment.

F. A copy of the decision of the Community Development Commission shall be mailed to the applicant and to all persons responding to the notice of application. Any person aggrieved by the decision by the Community Development Commission may, within fourteen (14) calendar days after the mailing of said decision, appeal same to the Board of Adjustment in accordance with the procedural regulations set forth in Chapter 26.84. If an appeal is filed by other than the applicant the Community Development Commission shall inform the applicant that an appeal has been filed and that the Commission's decision will not take effect pending a public hearing and decision by the Board of Adjustment.

G. The Board may waive the locational requirements, upon appeal, of any of the regulated uses if the findings required in Section 26.72.040B can be made and after receiving a report and recommendation from the Community Development Commission.

H. In approving a permit for any regulated use, the Community Development Commission or the Board may impose any such conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as may in its judgment be necessary for the protection of the public interest. Any evidence and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

I. When the decision of the Community Development Commission becomes effective, either because no protests to the proposal were received by the Commission in response to the notice of application or because no appeal was taken to the Board of Adjustment within the allotted fourteen (14) calendar days, the Commission shall immediately notify the Building Commissioner in writing indicating the Commission's approval, approval with conditions (in which case the conditions shall be set out in detail) or denial. If the decision of the Commission approves or approves with conditions, the requested waiver, the Building Commissioner shall, if all other applicable building code and zoning code regulations have been complied with, issue an occupancy permit subject to any conditions unposed by the Community Development Commission.
(Ord. 59979 19 (part), 1986.)

Return to Top of Charter, Code, and Ordinances.
Return to Title 26
Return to Code Table of Contents

HOME | KIDZONE | CATALOG | CONTACT US | SEARCH | HINTS