(a) Purpose. This district is established as a district in which the principal use of land is for the retailing of both perishable and durable goods, provision of commercial services to surrounding areas and the provision of services to transients. In promoting the general purposes of this Zoning Ordinance, the specific intent of this district is to encourage the construction of and the continued use of the land for commercial and service uses, particularly those which have a larger land area requirement, and to provide for the orderly expansion of such uses within this district, as designated on the Zoning Map. This district shall be located adjacent to major highways and arterials where the transportation network and utility systems are suitable to handle the existing and proposed impacts.
(b) Uses.
(1) Permitted uses.
A. Accessory Uses or uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard
B. Banks, Savings and Loans, Mortgage Companies, and Other Financial Institution
C. Building Materials and Supplies
D. Business and Professional Offices including architects, real estate, legal, engineering firms, and accountants
E. Places of Worship
F. Clubs and Lodges, Civic and Fraternal
G. Community Centers and Meeting Halls
H. Day Care Facilities
I. Dry-Cleaning and Laundry
J. Governmental Uses
K. Greenhouses and Nurseries, Commercial
L. Hotels and Motels
M. Media Offices and Studios, including newspaper, radio, and television
N. Medical Facilities and Services including hospitals, clinics, doctor and dentist offices
O. Movie Theaters, Indoors
P. Public Utility Substations, Carrier stations, and Water Tanks
Q. Recreation, Private Indoor, including movie or live theaters, video arcades, billiard halls, health spas, gyms, bowling alleys, and skating rinks
R. Recreation, Private outdoor, including golf courses, tennis courts, swimming pools and clubhouses
S. Recreation, Public, including parks, playgrounds, ballfields, swimming pools, tennis courts, and picnicking
T. Restaurants
U. Sales, Retail
V. Sales, Wholesale
W. Schools, elementary, secondary and colleges
X. Schools, Fine Arts, including art, music, dance and drama
Y. Schools, Trade and Professional, including beauty and barber schools, nursing schools and business schools
Z. Personal Services
AA. Temporary Construction Buildings
BB. Adult Oriented Businesses subject to the provisions of subsection (f) hereof
(2) Conditionally permitted uses.
A. Animal Hospitals, with no outdoor pens or runs within twenty (20) feet from any property line
B. Automobile or other vehicle sales and service
C. Automobile Service Stations and Washes
D. Farm Equipment Sales and Service
E. Manufactured Home Sales
F. Similar Uses
G. Vehicle and Farm Equipment Rental and Leasing
(c) Water and Sanitary Sewer Requirements. All uses and lots established within this district must be served by public water and sanitary sewer service.
(e) Enclosure Requirements. All business, servicing, processing, or storage, except off-street parking and loading, shall be within completely enclosed buildings, or enclosed by a wall or fence (including entrance and exit gates) not less than six (6) feet in height. Such fences or walls shall not be less than forty (40) feet from the front lot line, not less than ten (10) feet from the side lot lines, and not less than twenty (20) feet from the rear lot line.
(f) Special Provisions Regulating Adult Oriented Businesses.
(1) Adult oriented businesses shall be permitted only in the BG General Business District and only provided that such uses are located not less than 1,000 feet from any school or religious institution.
(2) For purposes of this regulation, the following definitions shall apply:
A. "Adult Arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
B. "Adult Bookstore", "Adult Novelty Store" or "Adult Video Store" means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the scale, rental for any form of consideration, of any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";
2. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others; and
3. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities".
C. "Adult Cabaret" means a nightclub, bar, restaurant "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
1. Persons who appear nude or in a state of nudity or semi-nude;
2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
D. "Adult Motel" means a motel, hotel or similar commercial establishment which:
1. Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
2. Offers a sleeping room for rent for a period of less than ten (10) hours; or
3. Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours.
E. "Adult Motion Picture Theatre" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
F. "Adult Theatre" means a theatre, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities".
G. "Escort Agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
H. "Massage Parlor" means any place where, for any form or consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas". The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
I. "Nude Model Studio" means any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
J. "Sexual Encounter Establishment" means a business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
K. "Nudity or State of Nudity" means:
1. The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
2. A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
L. "Semi-Nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
M. "Specified Anatomical Areas" means and includes any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
N. "Specified Sexual Activities" means and includes any of the following:
1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated;
4. Human genitals in a state of sexual stimulation, arousal or tumescence; and
5. Excretory functions as part of or in connection with any of the activities of the activities set forth in subsections (f)(2)N.1. through 4. hereof.
(Ord. 98-12. Passed 4-7-98; Ord. 2008-27. Passed 12-30-08.)