1. Adult Entertainment. It is the purpose of this chapter to regulate adult entertainment businesses to limit their inherent adverse impact in the community while at the same time permitting lawful businesses to conduct operations in the community. The City Council finds, as evidenced in other cities, that the number of adult entertainment businesses is increasing and that, because of their very nature, such businesses are recognized as having serious, objectionable operational characteristics, which are magnified when located in close proximity to dwellings, churches, schools and parks. Special regulation of adult entertainment businesses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The City Council further finds that these regulations are necessary to protect the youth of this community from the objectionable operational characteristics of such businesses by restricting their location. The City Council further finds that these regulations are necessary to protect the health, safety and general welfare of all residents of the community.
A. Definitions. The following definitions are given for terms used in this section.
(1) “Adult,” as used in this section, refers to a person who has attained the age of eighteen (18) years.
(2) “Adult entertainment business” means a business which as a part or in the process of delivering goods and services displays to its patrons specified sexual activities or specified anatomical areas in printed form or through any form of photographic medium or by use of male or female models. In reference to the above, the following definitions apply:
a. “Adult art or adult modeling studio” means an establishment or business which provides the services of modeling for the purpose of viewing and/or reproducing the human body wholly or partially in the nude by means of photography, painting, sketching drawing or otherwise, provided entrance to such establishment and such services are available only to adults.
b. “Adult artist – body painting studio” means an establishment or business which provides services or applying paint or other substances whether transparent or nontransparent to or on the human body when such body is wholly or partially nude, provided entrance to such establishment and such services are available only to adults.
c. “Adult bath house” means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, provided entrance to such establishment and such services are available only to adults; and not including such services provided by a medical practitioner or professional physical therapist licensed by the State of Iowa.
d. “Adult book store” means an establishment or business having a substantial part of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined herein and limited in sale of such sexual materials to adults.
e. "Adult cabaret" means any commercial establishment that as a substantial or significant portion of its business provides any of the following:
1. Persons who appear nude; or
2. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of "specified anatomical areas" or the performance or simulation of "specified sexual activities."
(Ord. 1033 - Dec. 23 Supp.)
f. “Adult mini motion picture theater” means an enclosed building with a capacity for less than fifty (50) persons used for presenting motion pictures, slides or photographic reproductions distinguished or characterized by an emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined herein for observation by patrons therein.
g. “Adult motel” means a motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas.”
h. “Adult motion picture arcade” means any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.”
i. “Adult motion picture theater” means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
(3) “Massage” means any method of treating the external parts of the human body by rubbing, stroking, kneading, tapping, or vibrating with the hand, other parts of the body, or any instrument, for any consideration or gratuity.
(4) “Massage establishment” means any establishment having a fixed place of business where massages are administered for any form of consideration or gratuity, including but not limited to, massage parlors, health clubs, sauna baths, and steam baths. This definition shall not be construed to include an establishment employing (i) persons licensed by the State under the provisions of Chapters 148, 148A, 148B, 148C, 149, 150, 150A, 151, 152, 152B, 152C, 157 or 158 of the Code of Iowa, when performing massage services as a part of the profession or trade for which licensed; or (ii) persons performing massage therapy or massage services under the direction of a person licensed as described in (i) above; or (iii) persons performing massage therapy for massage services upon a person pursuant to the written instruction or order of a licensed physician; or (iv) nurses, aides, technicians and attendants at any hospital or health care facility licensed pursuant to chapter 135B, 135C, or 145A of the Code of Iowa, in the course of their employment and under the supervision of the administrator thereof or of a person licensed as described in (i) above; or (v) an athletic coach or trainer in any accredited public or private secondary school, junior college, college or university, or employed by a professional or semi-professional athletic team or organization, in the course of his or her employment as such coach or trainer. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad of a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities, and facilities for the welfare of the residents of the area.
(5) “Model” means any person who, for consideration or gratuity, appears either nude or semi-nude to be either viewed, photographed, sketched, drawn, sculptured; to dance; to provide reading or counseling sessions; for body painting; to deliver a service or in connection with the sale of merchandise; or to present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
(6) “Model studio” means any establishment where for any form of consideration or gratuity, models who display “specified anatomical areas” are provided to be observed, or subject to lawful tactile conduct, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, or where, for any form of consideration or gratuity, nude or semi-nude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” are provided for observation by or communication to persons paying such consideration or gratuity.
(7) “Nude encounter parlor” means an establishment having a fixed place of business where any person therein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of viewing any person or persons or the actual encounter of any person or persons depicting, describing or relating to “specified sexual activities” as defined herein.
(8) “Nude photographic parlor” means an establishment having a fixed place of business, where any person, association, firm or corporation herein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on any business of photographing any person or persons depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein.
(9) “Specified anatomical areas” includes the following: human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.
(10) “Specified sexual activities” means any sexual contact, actual or simulated, either natural or deviate, between two (2) or more persons, or between a person and an animal, by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, by contact between a finger of one person and the genitalia of another person or by use of artificial sexual organs or substitute therefor in contact with the genitalia or anus.
(11) “Substantial” means more than twenty-five percent (25%) of the book, magazine, film or video tape inventory is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
B. Limitations on Adult Entertainment Businesses. Adult entertainment businesses are subject to the following restrictions and no person shall cause or permit the establishment of any adult entertainment business contrary to said restrictions:
(1) No adult entertainment business shall be open for business between the hours of twelve o’clock (12:00) midnight and six o’clock (6:00) a.m.
(2) An adult entertainment business shall not be allowed within five hundred feet (500') of another existing adult entertainment business.
(3) An adult entertainment business shall not be located within five hundred feet (500') of any residentially zoned district.
(4) An adult entertainment business shall not be located within one thousand feet (1,000') of a pre-existing school, public park or church.
(5) Measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of such adult entertainment business to the point on the property line of such other business, school, church, public park or areas zoned for residential use which is closest to the said main entrance of such adult entertainment business.
C. Prohibited Activities of an Adult Entertainment Business:
(1) No adult entertainment business shall employ any person under eighteen (18) years of age.
(2) No adult entertainment business shall furnish any merchandise or services to any person who is under eighteen (18) years of age.
(3) No adult entertainment business shall be conducted in any manner that permits the observation of model or any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use. No operator of an adult entertainment business or any officer, associate, member, representative, agent, owner or employee of such business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the premises which is prohibited by this Code or any laws of the State or the United States.
(4) No part of the interior of the adult entertainment business shall be visible from any pedestrian sidewalk, walkway, street or other public or semi-public area.
(5) An adult entertainment business shall post a sign at the entrance of the premises which shall state the nature of the business and shall state that no one under the age of eighteen (18) years of age is allowed on the premises. The sign shall comply with Section 165.33 of this chapter. This section shall not be construed to prohibit the owner from establishing an older age limitation for coming on the premises.
(6) Establishment of adult entertainment business shall include the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any of the uses described herein.
D. Special Use Permit. The adult entertainment business may be permitted subject to approval by the Board of Adjustment after public hearing. In its determination upon the particular use at the location requested, the Board shall consider all of the following provisions:
(1) The proposed location, design, construction and operation of the particular use adequately safeguard the health, safety and general welfare of persons residing or working in adjoining or surrounding property.
(2) Such use shall not impair an adequate supply of light and air to surrounding property.
(3) Such use shall not unduly increase congestion in the streets, or public danger of fire and safety.
(4) Such use shall not diminish or impair established property values in adjoining or surrounding property.
(5) Such use shall be in accord with the intent, purpose and spirit of this chapter and the Comprehensive Plan of the City.
(6) Applications for a special use permit under the terms of this section shall be accompanied by evidence concerning the feasibility of the proposed request and its effect on surrounding property and shall include a site plan in accordance with the site plan provisions of this chapter, defining the areas to be developed for buildings and structures, the areas to be developed for parking, the locations and driveways and the points or ingress and egress, including access roads where required, the location and height of walls, the location and type of landscaping, the location, size and number of signs and the manner of providing water supply and sewage treatment facilities.
(7) In the event a special use permit is granted under the terms of this section, any change thereafter in the approved use or site plan shall be resubmitted and considered in the same manner as the original application.
2. Salvage Services.
A. Screening. The perimeter of each new facility shall be fully enclosed by opaque, freestanding fencing or screen walls. Minimum height of this enclosure shall be eight (8) feet. Any such enclosure shall be constructed behind required landscaped buffer yards.
B. Storage. Storage of materials within any salvage services facility may not be higher than the height of the surrounding screen fence or wall.
C. Location. No salvage services use may be established within three hundred (300) feet of the nearest property line of a residential or institutional zoning district.
3. Tattoo Parlors.
A. Definition of Tattoo Parlor. A “tattoo parlor” is any business licensed through the State of Iowa pursuant to Iowa Code, Chapter 135.37 which as a part or in the process of delivering other goods and services includes the service of permanent design of the skin by puncturing the skin and inserting indelible colors; also known as a derma-graphic art studio.
B. Special Use Permit. Tattoo parlors may be permitted through special use permit subject to the Board of Adjustment after public hearing. In its determination, the Board shall consider all of the following provisions:
(1) That the proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property.
(2) That such use shall not impair an adequate supply of light and air to surrounding property.
(3) That such use shall not unduly increase congestion in the streets or public danger of fire and safety.
(4) That such use shall not diminish or impair established property values in adjoining or surrounding property.
(5) That such use shall be in accord with the intent, purpose and spirit of this chapter and the Comprehensive Plan of the City.
(6) Applications for a special use permit under the terms of this section shall be accompanied by evidence concerning the feasibility of the proposed request and its effect on surrounding property and shall include a site plan in accordance with the site plan provisions of this chapter, defining the areas to be developed for buildings and structures, the areas to be developed for parking, the locations and driveways and the points or ingress and egress, including access roads where required, the location and height of walls, the location and type of landscaping, the location, size and number of signs and the manner of providing water supply and sewage treatment facilities.
(7) In the event a special use permit is granted under the terms of this section, any change thereafter in the approved use or site plan shall be resubmitted and considered in the same manner as the original application.
(8) The applicant shall provide to the City a copy of the business license issued by the State of Iowa pursuant to Iowa Code, Chapter 135.37.
(Ord. 625 – Sep. 03 Supp.)
4. Performance Standards for Industrial Uses in the M1 District. The following performance standards apply to all industrial uses permitted within an M1 limited industrial zoning district:
A. Physical Appearance. All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored outside when screened in accordance with the provisions of Section 165.31. Normal daily inorganic wastes may be stored outside in containers, provided that such containers are not visible from any street.
B. Fire Hazard. No operation shall involve the use of highly flammable gases, acid, liquids, or other inherent fire hazards. This prohibition shall not apply to the normal use of heating or motor fuels and welding gases when handled in accordance with the regulations of Marion County and the City of Pella.
C. Sewage and Wastes. No operation shall discharge into a sewer, drainage way, or the ground any material which is radioactive, poisonous, detrimental to normal sewer plant operation, or corrosive to sewer pipes and installations.
D. Air Contaminants. No material may be discharged into the air from any source in such quantity as to cause injury, detriment, nuisance, or annoyance to any considerable number of people or to the public in general; or to endanger the health, comfort or safety of any considerable number of people or to the public in general; or to damage other businesses, vegetation, or property.
E. Gases. No release of noxious or poisonous gases shall be permitted except as provided in this section. Measurements of sulfur dioxide, hydrogen sulfide or carbon monoxide shall not exceed 5 parts per million taken at the property line of the operation.
F. Vibration. All machines shall be mounted to minimize vibration. No measurable vibration shall occur at the property line of the operation which exceeds a displacement of 0.003 inch.
G. Glare and Heat. All glare generated by a use shall be shielded or directed so as not to be visible at the property line of the operation. No heat may be generated from an operation that raises the air temperature at the property line of the operation by more than five degrees Fahrenheit above the ambient air temperature.
H. Storage of Chemical Products. If allowed by special use permit, any above or below ground storage of liquid petroleum products or chemicals of a flammable or noxious nature shall not exceed 150,000 gallons when stored on one lot less than one acre. Such storage shall not exceed 25,000 gallons in any one tank. Storage of liquid petroleum products or chemicals of a flammable or noxious nature in excess of 25,000 gallons shall be located at least fifty (50) feet from any structure intended for human habitation and at least two hundred (200) feet from any residential, commercial or institutional zoning district.