File #: 230310    Version: 1 Name:
Type: Ordinance Status: Held
File created: 3/28/2023 In control: Neighborhood Planning and Development Committee
On agenda: 4/12/2023 Final action: 1/25/2024
Title: Sponsor: Director of City Planning and Development Department Amending Chapter 88, Code of Ordinances, by repealing Section 88-805-04, Commercial Use Group, and enacting in lieu thereof a new section of like number and subject matter to change the definition of restaurant to be consistent with Chapter 10 of the Code of Ordinances (CD-CPC-2023-00030).
Sponsors: Director of City Planning & Development, City Plan Commission
Attachments: 1. Docket Memo 230310, 2. 3_CD-CPC-2023-00030_Eating & Drinking Establishment.pdf, 3. CPC DIsposition Letter.pdf, 4. 230310com, 5. Public Testimony - Union Hill Neighborhood Association Board 6.7.2023, 6. Public Testimony - Plaza Westport Neighborhood Assoc. 6.12.2023, 7. Public Testimony~ Ordinance No. 230310
Related files: 150398
ORDINANCE NO. 230310

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Sponsor: Director of City Planning and Development Department

Amending Chapter 88, Code of Ordinances, by repealing Section 88-805-04, Commercial Use Group, and enacting in lieu thereof a new section of like number and subject matter to change the definition of restaurant to be consistent with Chapter 10 of the Code of Ordinances (CD-CPC-2023-00030).

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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 88, Code of Ordinances, is hereby amended by repealing section 88-805-04, Commercial Use Group, and enacting in lieu thereof a new section of like number and title, with said new section to read as follows:

88-805-04 COMMERCIAL USE GROUP
The commercial use group includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use group includes the following use categories.

88-805-04-A. ADULT BUSINESS
"Adult business" is an inclusive term used to describe collectively: adult cabaret; adult motion picture theatre; adult media store; bathhouse; massage shop; modeling studio; and/or sex shop. This collective term does not describe a specific land use and will not be considered a single use category.

1. ADULT CABARET
An adult live entertainment facility, or that part of an adult live entertainment facility, that regularly features or otherwise offers to the public, customers or members in a viewing area, any live exhibition, performance or dance by persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.

2. ADULT MEDIA STORE
An establishment that rents and/or sells adult media and that meets any of the following tests:

(a) More than 40% of the gross public floor area is devoted to adult media;

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