HB 2400--
Session of 1997
By Representatives Gilmore, Dahl, Mays, McCreary, Ray, Storm,
Toplikar and Wilson

9 AN ACT concerning zoning; relating to nonconforming uses; amending 10 K.S.A. 12-758 and repealing the existing section. 11 12 Be it enacted by the Legislature of the State of Kansas: 13 Section 1. K.S.A. 12-758 is hereby amended to read as follows: 12- 14 758. (a) Except as otherwise provided by this section and section 2, and 15 amendments thereto, regulations adopted under authority of this act shall 16 not apply to the existing use of any building or land, but shall apply to 17 any alteration of a building to provide for a change in use or a change in 18 the use of any building or land after the effective date of any regulations 19 adopted under this act. If a building is damaged by more than 50% of its 20 fair market value such building shall not be restored if the use of such 21 building is not in conformance with the regulations adopted under this 22 act. 23 (b) Except for flood plain regulations in areas designated as a flood 24 plain, regulations adopted by a city pursuant to K.S.A. 12-715b, and 25 amendments thereto, or a county pursuant to this act shall not apply to 26 the use of land for agricultural purposes, nor for the erection or main- 27 tenance of buildings thereon for such purposes so long as such land and 28 buildings are used for agricultural purposes and not otherwise. 29 New Sec. 2. (a) When used in this section: 30 (1) The words and phrases used in this section shall have the same 31 meaning ascribed thereto by K.S.A. 12-742, and amendments thereto; 32 (2) ``adult arcade'' means any place to which the public is permitted 33 or invited in which coin-operated, slug-operated or for any form of con- 34 sideration, electronically, electrically or mechanically controlled still or 35 motion picture machines, projectors, video or laser disc players or other 36 image-producing devices are maintained to show images to five or fewer 37 persons per machine at any one time, and where the images so displayed 38 are distinguished or characterized by the depicting or describing of spec- 39 ified sexual activities or specified anatomical areas. 40 (3) ``adult bookstore'', adult novelty store`` or ``adult video store'' 41 means a commercial establishment which, as one of its principal purposes, 42 offers for sale or rental for any form of consideration any one or more of HB 2400

 1  the following:
 2    (A)  Books, magazines, periodicals or other printed matter, or pho-
 3  tographs, films, motion pictures, video cassettes or video reproductions,
 4  slides or other visual representations which are characterized by the de-
 5  piction or description of specified sexual activities or specified anatomical
 6  areas; or
 7    (B)  instruments, devices or paraphernalia which are designed for use
 8  in connection with specified sexual activities;
 9    (4)  ``adult cabaret'' means a nightclub, bar, restaurant or similar com-
10  mercial establishment which regularly features:
11    (A)  Persons who appear in a state of nudity or semi-nudity; or
12    (B)  live performances which are characterized by the exposure of
13  specified anatomical areas or by specified sexual activities; or
14    (C)  films, motion pictures, video cassettes, slides or other photo-
15  graphic reproductions which are characterized by the depiction or de-
16  scription of specified sexual activities or specified anatomical areas;
17    (5)  ``adult motel'' means a hotel, motel or similar commercial estab-
18  lishment which:
19    (A)  offers accommodations to the public for any form of considera-
20  tion; provides patrons with closed-circuit television transmissions, films,
21  motion pictures, video cassettes, slides or other photographic reproduc-
22  tions which are characterized by the depiction or description of specified
23  sexual activities or specified anatomical areas and has a sign visible from
24  the public right-of-way which advertises the availability of this adult type
25  of photographic reproductions; or
26    (B)  offers a sleeping room for rent for a period of time that is less
27  than 10 hours; or
28    (C)  allows a tenant or occupant of a sleeping room to subrent the
29  room for a period of time that is less than 10 hours;
30    (6)  ``adult motion picture theater'' means a commercial establishment
31  where, for any form of consideration, films, motion pictures, video cas-
32  settes, slides or similar photographic reproductions are regularly shown
33  which are characterized by the depiction or description of specified sexual
34  activities or specified anatomical areas;
35    (7)  ``adult theater'' means a theater, concert hall, auditorium or sim-
36  ilar commercial establishment which regularly features persons who ap-
37  pear in a state of nudity or semi-nudity, or live performances which are
38  characterized by the exposure of specified anatomical areas or by speci-
39  fied sexual activities;
40    (8)  ``escort'' means a person who, for consideration, agrees or offers
41  to act as a companion, guide, or date for another person, or who agrees
42  or offers to privately model lingerie or to privately perform a striptease
43  for another person;
HB 2400

 1    (9)  ``escort agency'' means a person or business association who fur-
 2  nishes, offers to furnish or advertises to furnish escorts as one of its pri-
 3  mary business purposes for a fee, tip or other consideration;
 4    (10)  ``nude model studio'' means any place where a person who ap-
 5  pears semi-nude, in a state of nudity, or who displays specified anatomical
 6  areas and is provided to be observed, sketched, drawn, painted, sculp-
 7  tured, photographed or similarly depicted by other persons who pay
 8  money or any form of consideration. Nude model studio shall not include
 9  a college, community college or university supported entirely or in part
10  by public money; a private college or university which maintains and op-
11  erates educational programs in which credits are transferable to a college,
12  community college or university supported entirely or partly by public
13  money or in a structure:
14    (A)  That has no sign visible from the exterior of the structure and no
15  other advertising that indicates a nude or semi-nude person is available
16  for viewing;
17    (B)  where, in order to participate in a class, a student must enroll at
18  least three days in advance of the class; and
19    (C)  where no more than one nude or semi-nude model is on the
20  premises at any one time;
21    (11)  ``nudity'' or a ``state of nudity'' means the showing of the human
22  male or female genitals, pubic area, vulva, anus, anal cleft or cleavage
23  with less than a fully opaque covering, the showing of the female breast
24  with less than a fully opaque covering of any part of the nipple or the
25  showing of the covered male genitals in a discernibly turgid state.
26    (12)  ``sexual encounter center'' means a business or commercial en-
27  terprise that, as one of its principal business purposes, offers for any form
28  of consideration:
29    (A)  Physical contact in the form of wrestling or tumbling between
30  persons of the opposite sex; or
31    (B)  activities between either male and female persons or persons of
32  the same sex, or both, when one or more of the persons is in a state of
33  nudity or semi-nude;
34    (13)  ``semi-nude'' or in a ``semi-nude condition'' means the showing
35  of the female breast below a horizontal line across the top of the areola
36  at its highest point or the showing of the male or female buttocks. Such
37  term shall include the lower portion of the human female breast, but shall
38  not include any portion of the cleavage of the human female breast, ex-
39  hibited by a dress, blouse, skirt, leotard, bathing suit or other wearing
40  apparel provided the areola is not exposed in whole or in part;
41    (14)  ``sexually oriented business'' means an adult arcade, adult book-
42  store, adult novelty store, adult video store, adult cabaret, adult motel,
43  adult motion picture theater, adult theater, escort agency, nude model
HB 2400

 1  studio or sexual encounter center;
 2    (15)  ``specified anatomical areas'' means:
 3    (A)  The human male genitals in a discernibly turgid state, even if
 4  completely and opaquely covered; or
 5    (B)  less than completely and opaquely covered human genitals, pubic
 6  region, buttocks or a female breast below a point immediately above the
 7  top of the areola.
 8    (b)  The governing body may adopt, in the manner provided by K.S.A.
 9  12-741 et seq., and amendments thereto, reasonable regulations for the
10  gradual elimination of sexually oriented businesses which constitute non-
11  conforming uses.
12    Sec. 3.  K.S.A. 12-758 is hereby repealed.
13    Sec. 4.  This act shall take effect and be in force from and after its
14  publication in the statute book.