Bryan has determined that permitting sexually oriented businesses, as defined in this Section, in proximity to residential, institutional, and non-adult oriented retail uses would have a detrimental effect on such adjacent uses. It has been demonstrated that sexually oriented businesses, as defined in this Section, have been known to cause undesirable secondary effects on residential and institutional uses, particularly those where children are present, as well as adjacent non-sexually oriented business oriented retail uses. Therefore, in order to prevent potential deterioration in Bryan’s retail areas; and to avoid potential adverse impacts on residential and institutional uses particularly those where children are present, and thereby protecting the public health, safety and welfare, sexually oriented businesses, as defined in this Section, shall be permitted only in the I-2 District subject to the following requirements.
(a) For purposes of this Planning and Zoning Code sexually oriented businesses shall include but not be limited to any of the following:
(1) Adult book/video store. An establishment which utilizes 5 percent or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display or viewing, for any compensation, of books, magazines, other printed material, films, tapes and video cassettes, or any other visual representation, which are distinguished by their emphasis on adult materials as defined in this Section.
(2) Adult motion picture theater. An enclosed motion picture theater which regularly uses or utilizes 5 percent or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this Section.
(3) Adult motion picture drive-in theater. An open air drive-in theater which regularly uses or utilizes 5 percent or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this Section.
(4) Adult only live entertainment business. An establishment where the patron directly or indirectly is charged a fee, and where the establishment features:
A. Entertainment or services which constitute adult material as defined in this Section; or
B. Exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material as defined in this Section.
(b) To further determine whether the above facilities are sexually oriented businesses, the following definitions shall apply.
(1) Adult material. Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, video cassette, motion picture film, record or, other tangible thing, or any service, capable of creating sexual interest through sight, sound or touch, and;
A. Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
B. Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
(2) Bottomless. Less than full opaque covering of male or female genitals, pubic area or buttocks.
(3) Nude or nudity. The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(4) Topless. The showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
(5) Sexual activity. Sexual conduct or sexual contact, or both.
(6) Sexual contact. Any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is female, a breast, for the purpose of sexually arousing or gratifying either person.
(7) Sexual excitement. The condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
(c) Sexually oriented businesses shall be located in accordance with the following distance requirements:
(1) A minimum of 1,000 feet from the boundaries of any lot containing a church or other place of worship, library, public park or playground, day care center, school or any other institution where children are kept day or night;
(2) A minimum of 1,000 feet from any residentially zoned parcel in Bryan or any adjacent township; and
(3) A minimum of 1,000 feet from any other sexually oriented business.