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A. Purpose: It is the intent of this section to recognize that certain areas of the city are characterized by steep terrain, native vegetation, natural drainage courses and other physical features, and to establish standards of development for these areas that help to protect the public health, safety and welfare by minimizing potential for erosion, sedimentation, flooding and landslides, while at the same time protecting and enhancing the visual quality of the city's natural landscape. Specific regulations and guidelines are intended to address the following:
1. To protect the public and property from hazards and problems associated with storm water runoff, flooding and erosion.
2. To minimize the threat and consequential damage of landslides in hillside areas.
3. To minimize the threat and consequential damage of fire in hillside areas.
4. To control and minimize the infestation of noxious weeds into the community and outlying neighboring areas.
5. To control and mitigate dust and other nuisances that may have adverse affects on neighboring properties and the air quality of the community.
6. To provide for safe and efficient pedestrian and vehicular access and circulation, including transportation linkages to outlying areas.
7. To enhance the visual and aesthetic quality of the city through the use of grading, revegetation and development techniques that help to improve the appearance of slopes exposed to roadways, preserve prominent natural features and vistas and provide for adequate open space in hillside areas.
8. To offer, promote and encourage a variety of alternative development designs and concepts appropriate for hillside areas.
B. Definitions:
AVERAGE SLOPE: Average slope shall mean and be determined by the use of the following formula:
AS = .00229 (I) (L)
A
AS = Average slope in percent.
.00229 = The conversion factor of square feet to acres.
I = Contour interval in feet. The contour interval may not exceed ten feet (10').
L = Summation of the length of all contour lines, in feet, within the parcel.
A = Total number acres in the parcel.
BUILDABLE LOT AREA: That portion of land within a lot or development site, exclusive of building setback area, and manufactured or natural slope area in excess of thirty percent (30%) gradient.
CAP: A concrete or cement feature placed on top of a wall that promotes watershed and limits infiltration of water into concrete cells.
CLEARING: The removal of vegetation and topsoil or other surface materials from a site.
CONSTRUCTION: Any grading or clearing of land, installation of improvements, erection or placement of structures, or assembly of equipment or materials to be used in any of those activities.
CUT: The removal of earth material by artificial or mechanical means.
DEVELOPMENT: Any construction or any division of land.
EROSION: The process whereby soil particles are detached and transported by water, wind, ice or gravity.
EXCAVATION: The mechanical removal of earth material.
FILL: The deposit of earth material by artificial or mechanical means.
GRADIENT: The vertical rise of a slope over a horizontal distance, expressed as a percentage (rise over run).
GRADING: Any excavating, cutting, filling or other earth moving operation.
HILLSIDE AREA: Any parcel having an average slope of fifteen percent (15%) or greater.
IMPERVIOUS SURFACE: Roads, buildings, tennis courts, roofs, driveways, patios, decks, parking lots and other similar water shedding surfaces.
MANUFACTURED SLOPE: Any slope created through cut, fill or excavation and which is steeper than 5:1.
NATURAL SLOPE: The form of the land surface within a hillside area as it exists before clearing or grading.
NATURAL VEGETATION: Plant materials which exist on the site before clearing or grading.
OPEN SPACE: Land area which is not covered by buildings, parking lots, accessory structures or other similar impervious surfaces.
RETAINING WALL HEIGHT: The vertical height as measured from the lowest finished grade to the top of the retaining wall.
REVEGETATION: The stabilization of disturbed or graded soils after construction by replanting with indigenous plant species or other drought tolerant, low water consumptive plant materials appropriate for the climatic zone.
RUNOFF: That part of precipitation which flows over the land without filtering into the soil.
SEDIMENTATION: The process of depositing soil particles detached and transported by erosion.
SLOPE: A natural slope or manufactured slope steeper than 5:1.
C. Development Standards:
1. Slopes Adjacent To Streets And Roadways:
a. Manufactured slopes shall not be steeper than 3:1.
b. Maximum continuous slope height shall not exceed twenty feet (20'). Continuous slope heights may be broken by bench areas having a minimum horizontal dimension of not less than ten feet (10'); and provided said bench areas are placed within the middle one-third (1/3) of the slope.
c. Retaining wall heights shall not exceed ten feet (10').
d. No slope or retaining wall may be placed or constructed in a street right of way.
e. No retaining wall may be placed or constructed within a public utility, access or drainage easement which abuts a public street right of way.
f. Slopes five feet (5') or less in height shall observe a two and one-half foot (21/2') setback from the back edge of sidewalk. Slopes greater than five feet (5') in height shall observe a five foot (5') setback from the back edge of sidewalk.
g. Retaining walls adjacent to streets and roadways must be capped with an architecturally compatible concrete or cement material.
h. Guard railings, when required by the uniform building code, shall be installed on the top of any retaining wall.
i. All manufactured slopes adjacent to streets and roadways shall be subject to an erosion control and revegetation program.
2. Other Interior Slopes:
a. Manufactured slopes shall not be steeper than 2:1.
b. Maximum continuous slope height shall not exceed thirty feet (30'). Continuous slope heights may be broken by bench areas having a minimum horizontal dimension of not less than fifteen feet (15'); and provided said bench areas are placed within the middle one-third (1/3) of the slope.
c. Retaining wall heights for walls abutting interior property lines shall not exceed six feet (6'). Retaining wall heights for other walls shall not exceed twenty feet (20').
d. Retaining walls greater than six feet (6') in height shall observe an interior property line setback equivalent to the height of the retaining wall.
e. The toe of any slope shall observe an interior property line setback equivalent to one-half (1/2) of the height of the slope.
f. The top of any slope shall observe an interior property line setback equivalent to one-fifth (1/5) of the height of the slope.
g. All manufactured interior slopes shall be subject to an erosion control and revegetation program.
3. Lot Dimensions:
a. For all residential zoning districts subject to a six thousand (6,000) square foot minimum lot size or greater, a minimum buildable lot area of three thousand (3,000) square feet shall be required.
b. For hillside area subdivisions, minimum residential lot size shall be ten thousand (10,000) square feet, exclusive of any manufactured slope area contained within the lot.
c. For hillside area subdivisions, minimum interior side yard setbacks shall be ten feet (10').
4. Exceptions:
a. Manufactured slopes intended and designed to be located within a public street right of way and associated with the construction or widening of the roadway or other related public improvements.
b. Minor deviations from maximum manufactured slope heights associated with rounding, meandering or blending tops or bottoms of slope sections with adjacent ungraded areas.
5. Modification Of Standards: Regulations contained within this section may be varied or modified by the planning commission, where just cause and circumstance warrants, in conjunction with a review of a conditional use permit, subdivision preliminary plat, final plat or an application for site plan review, pursuant to subsection 3-2-3C6 of this chapter.
D. Erosion Protection, Slope Stabilization, Slope Revegetation: Any development requiring a grading permit shall be required to submit a specific area restoration and landscape plan to address erosion, slope stabilization and revegetation for the review and approval of the engineering and planning departments.
1. Slopes Adjacent To Streets And Roads:
a. Landscaping improvements shall be required to include the following material: ground cover consisting of plant material, appropriate seed mix or landscape rock, gravel or comparable material; shrubs, consisting of not less than one minimum two (2) gallon sized planting for each fifty (50) square feet of slope area; trees consisting of not less than one minimum fifteen (15) gallon sized planting for each one thousand (1,000) square feet of slope area. (Note: Tree plantings may be clustered.)
b. Installation of permanent irrigation system.
c. Slope revegetation permanently established.
2. Interior Slopes:
a. Installation of appropriate seed mix with jute mat, or installation of rip rap, landscape rock, gravel or comparable material.
b. Satisfy uniform building code requirements for paved interceptor drains and terrace swales.
c. Drains down the face of slopes are to be discouraged; but, if used, are to include rip rap or concrete three feet (3') wide by one foot (1') deep, or other acceptable means. Thickness and size of rip rap or concrete is to be based on water velocity.
d. Application of seed mix during fall months (September through December) with or without installation of an irrigation system.
e. Slope revegetation permanently established.
3. Nonslope Areas Affected By Clearing, Grading Or Excavation In Excess Of One Acre:
a. Installation of native grass mix (crested wheat).
b. Installation of temporary irrigation system or application of seed mix during fall months (September through December) without installation of irrigation system.
c. Revegetation permanently established on affected areas.
4. Performance Guarantee:
a. Revegetation of slopes and other areas affected by clearing, grading or excavation are considered permanently established when more than fifty percent (50%) of area coverage has been achieved.
b. Revegetation of slopes and other areas affected by clearing grading or excavation must be permanently established in accordance with one of the following time frames:
(1) Prior to final occupancy of the building or premises.
(2) Within two (2) years after issuance of final occupancy of the building or the premises subject to execution of a performance agreement with the city to include bonding or other form of security to guarantee completion of the required work.
(3) Prior to final certification of grading compliance.
(4) Within two (2) years after completion of grading activity subject to execution of a performance agreement with the City to include bonding or other form of security to guarantee completion of the required work.
E. Development Guidelines: The following items are recommended guidelines and standards to help achieve the purpose of this section:
1. Locate property lines at tops of slopes, when feasible.
2. Vary steepness of the slope.
3. Meander tops and toes of slopes.
4. Round and blend top and bottom sections of slopes with adjacent ungraded area.
5. Lay back top one quarter section of the slope.
6. Use of terracing and retaining or slough walls when appropriate.
7. Establish thirty foot (30') fire protection zone surrounding all combustible structures in hillside areas.
8. Fire protection zones should include fire resistant landscaping and/or hardscape material.
9. Increase side yard building setbacks in hillside subdivisions to fifteen feet (15').
10. Minimize steepness of slopes adjacent to streets as a means of improving access for emergency and fire personnel.
11. Recommend and encourage the installation of drought tolerant, low maintenance ground cover, shrubs and trees in combination with installation of a permanent drip type irrigation system to promote low water usage. (Ord. 579, 2-26-2002)
A. Notwithstanding any other provision of this Code, marijuana establishments and medical marijuana establishments are not allowed, and shall be unlawful as a permitted use, conditional use or accessory use in any zoning district within the incorporated area of the City of Elko. For purposes of this section, the term "marijuana establishment" shall have the definition ascribed to it in Nevada Revised Statutes 453D.030, as amended from time to time, and the term "medical marijuana establishment" shall have the definition ascribed to it in Nevada Revised Statutes 453A.116, as amended from time to time.
B. The prohibitions of marijuana establishments and medical marijuana establishments, respectively, are not intended to interfere with the individual rights of persons to the lawful use and possession of marijuana as permitted by chapters 453A and 453D of the Nevada Revised Statutes. (Ord. 825, 2-13-2018)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACCESSORY SEXUALLY ORIENTED USE: A. The offering of retail goods for sale which are classified as sexually oriented business uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like.
B. Dancing or live entertainment characterized by an emphasis on the presentation of "specified sexual activities" or "specified anatomical areas", if such live entertainment is only presented as an occasional activity of the business operation.
C. Occasional activity as used in connection with an accessory sexually oriented use means dancing or live entertainment characterized by an emphasis on presentation of "specific sexual activities" or "specified anatomical areas" if such live entertainment is only presented as an occasional activity of the business operation as herein regulated.
PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
PRINCIPAL SEXUALLY ORIENTED USE: The offering of goods and/or services which are classified as sexually oriented business uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following:
A. Sexually Oriented Adult Video And/Or Adult Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas".
B. Sexually Oriented Barbershop: Any barbershop which is licensed to cut hair, but features sexual exhibits or displays:
1. Persons who appear in a state of nudity or seminude; or
2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. Films, motion pictures, videocassettes, slides or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas".
C. Sexually Oriented Beauty Salon: Any beauty salon which is licensed to cut hair, or hairstyling or manicuring, but features sexual exhibits or displays:
1. Persons who appear in a state of nudity or seminude; or
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 depict or describe "specified sexual activities" or "specified anatomical areas".
D. Sexually Oriented Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas".
E. Sexually Oriented Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas".
F. Sexually Oriented Companionship Establishment: A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
G. Sexually Oriented Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation talk or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
H. Sexually Oriented Health/Sport Club: A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
I. Sexually Oriented Hotel Or Motel: A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
J. Sexually Oriented Massage Parlor, Health Club Or Studio: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
K. Sexually Oriented Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
L. Sexually Oriented Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.
M. Sexually Oriented Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image reproducing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".
N. Sexually Oriented Motion Picture Theater: A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
O. Sexually Oriented Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
P. Sexually Oriented Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
Q. Sexually Oriented Soda Pop Or Nonalcoholic Beverage Clubs: A night club, bar, restaurant or other commercial establishment that does not serve alcoholic beverages but features sexual exhibits or displays:
1. Persons who appear in a state of nudity or seminude; or
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 depict or describe "specified sexual activities" or "specified anatomical areas".
R. Sexually Oriented Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
SEXUALLY ORIENTED BUSINESS USES: Sexually oriented business uses include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, "soda pop" or nonalcoholic beverage club, adult barbershops, adult beauty salons, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Nevada Revised Statutes section 201.235 et seq., are not included. As used in this article, for zoning purposes, "sexually oriented business uses" do not include houses of prostitution which are zoned, licensed, controlled and operated under title 4, chapter 9 of this code.
SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism; or
B. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or
D. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
E. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restrain of any such persons; or
F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
G. Human excretion, urination, menstruation, vaginal or anal irrigation. (Ord. 439, 4-12-1994)
A. General: "Sexually oriented business uses", as defined in section 3-2A-2 of this article, shall be subject to the following general provisions:
1. Activities classified as obscene as defined in Nevada Revised Statutes section 201.235 et seq., are not permitted and are prohibited.
2. Sexually oriented business uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.
3. Principal sexually oriented business uses, except sexually oriented cabarets, nightclubs or bars, shall be prohibited from locating in any building which is also used to dispense or consume alcoholic beverages.
4. A sexually oriented business use which does not qualify as an accessory use shall be classified as principal sexually oriented use.
B. Principal Sexually Oriented Uses:
1. A person commits an offense if that person operates or causes to be operated a principal sexually oriented business in any zoning district other than the areas zoned light industrial, general industrial or restricted commercial, as defined and described in the general zoning ordinance, chapter 2 of this title.
2. A person commits an offense if the person operates or causes to be operated a principal sexually oriented business in a light or general industrial zoned district within one thousand feet (1,000') of:
a. A church; or
b. A public or private elementary or secondary school; or
c. A public or private daycare center, preschool, nursery, kindergarten or similar use; or
d. A public park.
This distance restriction does not apply to the location of a sexually oriented business in a restricted commercial zoned district.
3. A person commits an offense if the person operates or causes to be operated a principal sexually oriented business in a light or general industrial zoned district within five hundred feet (500') of any existing single- or multiple-family dwelling structure. This distance restriction does not apply to the location of a sexually oriented business in a restricted commercial zoned district.
4. For the purposes of subsections B2 and B3 of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, a public or private elementary or secondary school, a public or private daycare center, preschool, nursery, kindergarten or school bus stop or similar use, or to the nearest boundary of an affected public park, residential district or residential lot. The presence of city, county or other political boundaries shall be irrelevant for purposes of calculating and applying the distance requirements of this article.
5. Any principal sexually oriented business that fails to comply with subsection B1, B2 or B3 of this section on the date of the adoption hereof, but which was lawfully operating before this article took effect, shall not be deemed to be in violation of this article when this article takes effect and shall be deemed a nonconforming use. Any such nonconforming use may be allowed to continue; provided, however, that such a nonconforming use may not be extended, enlarged or altered and may not be changed to any other nonconforming principal sexually oriented business use.
It shall be unlawful for any person to continue any such nonconforming use more than one year after its passage when such nonconforming use has been declared to constitute a nuisance or to be detrimental to public health, safety or welfare by a majority vote of the city council. This section shall not be construed as limiting the right of the city or any person to abate a nuisance under any existing laws or ordinances.
A nonconforming sexually oriented business use which is operationally abandoned or discontinued for a period of six (6) consecutive months or more shall be considered abandoned and shall not be resumed.
6. A principal sexually oriented business lawfully operating is not rendered in violation of this article by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district or residential lot within one thousand feet (1,000') or five hundred feet (500'), whichever is applicable, of the principal sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has been revoked or not renewed.
7. Principal sexually oriented business uses shall, in addition to other sign requirements established by this code, also adhere to the following sign regulations:
a. Sign messages shall be generic in nature and shall only identify the type of business which is being conducted.
b. Shall not contain material classified as advertising as to building content or activities.
c. Shall comply with the requirements of size and number for the district in which they are located.
C. Accessory Sexually Oriented Business Uses And Location Thereof:
1. Accessory sexually oriented business uses shall:
a. Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located and comprise no more than twenty percent (20%) of the gross receipts of the entire business operation; and
b. Not involve or include any activity except the sale or rental of merchandise; or
c. Not involve any dancing or live entertainment characterized by an emphasis on the presentation of "specified sexual activities" or "specified anatomical areas", unless such live entertainment is only presented as an occasional activity of the business operation. To qualify as an accessory sexually oriented business use, said activity or event shall be limited to no more than ten (10) consecutive days taking place at minimum thirty (30) day intervals following a similar activity or event and such activities or events occurring no more than four (4) times within a calendar year.
2. Accessory sexually oriented business uses shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:
a. Movie Rentals: Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operation.
b. Magazines: Publications classified or qualifying as sexually oriented business uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
c. Other Uses: Accessory sexually oriented business uses not specifically cited shall comply with the intent of this section subject to the approval of the chief of police.
3. Accessory sexually oriented business uses shall be prohibited from both internal and external advertising and signage of sexually oriented materials and products.
4. Accessory sexually oriented business uses activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted.
5. A person commits an offense if that person operates or causes to be operated an accessory sexually oriented business use in any zoning district other than the areas zoned light industrial, general industrial, general commercial, convenience commercial or restricted commercial, as defined and described in the general zoning ordinance, chapter 2 of this title. (Ord. 439, 4-12-1994)
A person who operates or causes to be operated a sexually oriented business use without having a valid permit due to locational restrictions is subject to a suit for injunction as well as prosecution for the criminal violation. Such violation shall be punishable by a fine of one thousand dollars ($1,000.00) and/or thirty (30) days' imprisonment, and if an injunction must be sought, attorney fees and costs will be assessed at the discretion of the court against the sexually oriented business use. (Ord. 439, 4-12-1994)
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