The applicant/property owner is seeking to obtain a Conditional Use Permit (CUP) to allow for a sexually oriented business use to be located in an existing building located on a property that is zoned CLM (Commercial Light Manufacturing) at 3540 Centennial Drive. The definition of a Sexually Oriented Business is a business that primarily offers goods, services, and entertainment for compensation that appeal to the prurient interest of adults, including escort agencies, nude modeling studios, sexual encounter centers, and related services. The applicant proposes to use the existing 2,500 square foot building for a retail store which sells clothing, toys, videos, novelties etc. The property is .53 acres. While the applicant has plans for internal renovations there are no plans for any exterior modifications to the property or structure. Currently there is a general and professional services use (fitness studio) in the location.
On May 11, 2021, the Helena Zoning Commission unanimously recommended conditional approval of the applicant’s conditional use permit request. There was discussion in relation to the size of signs that would be allowed, and this led to the Zoning Commission to adding conditions 3 and 4. The following conditions are recommended by the Zoning Commission:
Condition #1: Stripe all parking spaces within the existing paved area Including a van accessible ADA space;.
Condition #2: No future expansion of use or structure will be allowed as part of this permit;.
Condition #3: No pole mounted signage;
Condition #4: Limited the total square footage across all signs on the property to no more than 200 square feet.
There currently are no other sexually oriented businesses licensed in the City. According to City records there has been no CUP's granted for this type of use since 1987 nor have any CUP's been denied during that time period. Sexually oriented businesses are only allowed in the Commercial Light Manufacturing (CLM) zoning district and then only as a CUP. This use is not allowed in any other zoning districts. |