Page 26 - Des Moines - Zoning, Planning and Design Ch 134, 135
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134-3. USeS DRAFT
Commercial Use Category
134-3.5 commercial Use category c. N or NX district or lot that is restricted to
The commercial use category includes uses that residential use.
provide a business service or involve the selling, leasing 2. For purposes of measuring compliance with
or renting of merchandise to the general public. The these separation distance requirements,
commercial use subcategories are as follows. measurements must be taken on a direct line
following the shortest distance from the property
3.5.1 ADUlt eNtertAiNMeNt line of the proposed use to property line of lot
An adult bookstore, adult motel, adult motion picture occupied by the use, district or area from which
arcade, adult motion picture theater or sexual separation is required.
encounter center.
A. Adult Bookstore. An establishment having as 3. The establishment of an adult entertainment
use includes the opening of a new such use, the
a significant portion of its stock in trade books, relocation of such use, the expansion of such a
films, magazines and other periodicals which are use or the conversion of an existing use to an
distinguished or characterized by an emphasis on adult entertainment use.
matter depicting or describing sex acts or specified
anatomical areas. 4. All building entries, windows, and other openings
B. Adult Motel. A motel wherein material is presented must be constructed, located, covered, or visually
screened in to prevent views into the interior of
which is distinguished or characterized by an such building from any sidewalk, walkway, street
emphasis on depicting or describing sex acts or or other public or semipublic area.
specified anatomical areas.
c. Adult Motion Picture Arcade. Any place to 3.5.2 ANiMAl SerVice
which the public is permitted or invited wherein Uses that provide goods and services for care of
coin- or slug-operated or electronically, electrically animals, including the following specific use types:
or mechanically controlled still or motion picture A. Breeding and Boarding . Breeding of 4 or more
machines, projectors, or other image-producing pets or companion animals 6 months in age or older
devices are maintained to show images to five or in a location other than their primary residence.
fewer persons per machine at any one time, and Typical examples include dog breeding kennels,
where the images so displayed are distinguished or kennel services, pet resorts/hotels, pet training
characterized by an emphasis on matter depicting or centers, and pet day care centers.
describing sex acts or specified anatomical areas. B. Grooming. grooming of dogs, cats and similar small
D. Adult Motion Picture theater. An enclosed household pets, including dog bathing and clipping
building used for presenting material distinguished salons and pet grooming shops.
or characterized by an emphasis on matter depicting
or describing sex acts or specified anatomical areas c. Stable. Land or structure in which horses are
for observation by patrons therein. kept, whether for personal enjoyment or for
compensation.
e. Sexual encounter center. A business, agency
or person who, for any form of consideration or D. Veterinary. Animal hospitals and veterinary clinics.
gratuity, provides a place where three or more Any outdoor boarding or outdoor exercise runways
persons, not all members of the same family, may must be located at least 200 feet from N districts
congregate, assemble or associate for the purpose (see also section 135-1.19.3).
of engaging in sex acts or exposing specified 3.5.3 ASSeMBlY AND eNtertAiNMeNt
anatomical areas. Buildings and other facilities that accommodate public
F. Supplemental Use regulations. Adult assembly for spectator-oriented sports, amusement,
entertainment uses are subject to the following or entertainment events. Typical uses include event
supplemental use regulations. centers, fairgrounds, theaters, and cinemas..
1. Adult entertainment uses may not be established A. event center. Civic or community auditoriums,
within 750 feet of: sports stadiums and arenas, convention facilities
a. Another adult entertainment use; and multi-purpose venues,.
b. School, religious assembly, parks and B. Small. Assembly and entertainment, uses including
recreation, or day care use; event centers, with a seating or occupant capacity of
134-3-10 DRAFT AUgUST 3, 2017
