HomeMy WebLinkAbout2023-08-21 Ordinance 3089_Zoning Regulations, Definitions and General RegulationsORDINANCE NO.3089
AN ORDINANCE TO AMEND CHAPTER 165, ZONING REGULATIONS,
DEFINITIONS AND GENERAL REGULATIONS
BE IT ORDAINED by the City Council of the City of Waukee:
Section 1. Chapter 165, Waukee Municipal Code, Zoning Regulations, Definitions and
General Regulations, is hereby amended by repealing Section 165.02(4) and inserting the
following in lieu of.
4. "Adult entertainment business" means a place or business that displays, or otherwise
offers to its visitors or patrons specified sexual activities or specified anatomical areas and
includes any of the following:
A. "Adult book store" means an establishment or business having a substantial part of
its stock in trade, books, magazines, photographs, pictures, videos, and other
periodicals that are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical
areas, as defined herein.
B. "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.
C. "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 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.
D. "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.
E. "Adult nightclub" means any club, cabaret, nightclub, bar, restaurant or similar
establishment where an enclosed building or open air facility is used for live
performances which are characterized by the exposure of specified sexual activities or
specified anatomical areas, as defined herein.
F. "Sexual encounter center" means a place provided by any business, agency or person
where, for any form of consideration or gratuity, persons who are not all members of
the same household, may congregate, assemble or associate for the purpose of
engaging in specified sexual activities or exposing specified anatomical areas, as
defined herein.
G. "Specified anatomical areas" includes the following: human genitals, pubic region,
buttocks, and female breasts below a point immediately above the top of the areola.
1f. "Specified sexual activities" means any sexual contact, actual or simulated, either
natural or deviate, between two 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, or 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.
I. "Substantial" means more than 25 percent 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.
Section 2. Chapter 165, Waukee Municipal Code, Zoning Regulations, Definitions and
General Regulations, is hereby amended by inserting the following into Section 165.02(68) and
Section 165.02(69) and renumbering the remaining definitions as 70 through 100.
68. "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.
69. "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 of Iowa
under the provisions of Chapters 148, 148A, 14813, 151, 152, 157 or 158 of the Code of'
Iowa, when performing massage services as a part of the profession or trade for which licensed;
(ii) persons performing massage therapy or massage services under the direction of a person
licensed as described in (i) above; (iii) persons performing massage therapy or massage services
upon a person pursuant to the written instruction or order of a licensed physician; (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 loh-a, in the course of their employment and under
the supervision of the administrator thereof or of a person licensed as described in (i) above; (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 or a
nonprofit organization operating a community center, swimming pool, tennis court, or other
educational, cultural, or recreational and athletic facilities, and facilities for the welfare of the
residents of the area.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
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Section 5. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council this 2 1 ' day of August, 2023, and approved this 21St day of August, 2023.
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Courtney Clarke, Mayor
Attest:
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Rebecca D. Schuett, City Clerk