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PARKING AND LOADING REQUIREMENTS
§ 153.070 PURPOSE.
   The purpose of this subchapter is to alleviate or prevent congestion of the public streets, and to promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which the property is put.
(1974 Code, § 18-3-7) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
§ 153.071 RESIDENTIAL AREAS.
   (A)   All dwellings in residential zones shall provide for off-street parking of a minimum of two vehicles.
   (B)   All dwellings shall be capable of parking all vehicles off-street, even though some vehicles may be parked on street from time to time.
   (C)   Boats, motor homes and the like may be stored on residential lots of 10,000 square feet or more. Any motor home, travel trailer having someone living in it for more than 30 days requires a conditional use permit.
(1974 Code, § 18-3-7) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
§ 153.072 COMMERCIAL AND INDUSTRIAL AREAS.
   (A)   In all commercial or industrial zones, businesses and industries shall provide sufficient off-street parking for all vehicles patronizing the establishment or industry. No on-street parking of any kind shall be allowed in industrial zones.
   (B)   In commercial zones, the Town Council may require a business to expand or enlarge surface and light parking facilities if on-street parking becomes a nuisance.
(1974 Code, § 18-3-7) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
§ 153.073 CONDITIONAL USE PERMIT PARKING.
   All applicants for conditional use permits shall show that they are capable of providing off-street parking for all vehicles that might be involved with the conditional use development.
(1974 Code, § 18-3-7) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
SEXUALLY ORIENTED BUSINESSES
§ 153.085 PURPOSE AND INTENT.
   It is the purpose and intent of this subchapter to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the town and to establish reasonable and uniform regulations to prevent the locating of the businesses in areas of the town where they may be harmful or deleterious to the community through adverse secondary effects. It is not intended hereby to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials, nor to restrict or deny access by adults to the materials insofar as they may be protected by the First Amendment.
(1974 Code, § 18-3-8-1) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
§ 153.086 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPLICANT. Any individual group of individuals, partners or primary stockholders or owners of any corporation or other limited liability association who applies for permit to become the operator of a sexually oriented business.
   EMPLOYEE. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not the person is paid a salary, wage or other compensation by the operator of the business.
   NUDITY or STATE OF NUDITY.
      (1)   The appearance of human bare buttock, anus, genitalia or the areola or nipple of the female breast; or
      (2)   A state of dress which fails to opaquely and fully cover any of the above.
   OPERATOR. The owner, permit holder, custodian, manager, operator or person in charge of any sexually oriented business.
   PERMITTED OR LICENSED PREMISES. Any premises that has obtained a license and/or permit as a sexually oriented business.
   RESIDENTIAL USE. A single-family, duplex, townhouse, multiple-family, mixed residential or mobile home subdivision, as defined in the town zoning and subdivision ordinances, or a campground or other commercial housing use.
   SEXUALLY ORIENTED BUSINESSES. Those businesses engaging in or offering to the public the following services or products.
      (1)   ADULT ARCADE. Projectors or other image producing machines offering films, motion pictures, video cassettes or other photographic reproductions, for a consideration and for viewing by five or fewer persons each, of material characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
      (2)   ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock-in-trade, or which derives a significant or substantial portion of its revenue from the sale or rental for any form of consideration any one or more of the following:
         (a)   Books, magazines or other printed matter, or photographs, films, video cassettes or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and/or
         (b)   Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse. Another principal business purpose will not exempt an establishment from coming within this definition so long as one of its principal business purposes is offering for sale or rental, for some consideration, any of the materials specified herein.
      (3)   ADULT THEATER. A commercial establishment where:
         (a)   Entertainment is offered featuring persons in a nude state or performers who in any manner expose “specified anatomical areas”; or
         (b)   Films, motion pictures, video cassettes or similar photographic reproductions are shown which are characterized by “specified sexual activities” for any form of consideration.
      (4)   ESCORT BUSINESS. The furnishing, offering to furnish or holding oneself out as a companion, guide or date where a consideration or gratuity of any type is paid to the escort and to the arranging agency, if one is involved. An agency or person who agrees or offers to privately model lingerie or to privately perform a striptease for another person for any consideration shall be included within this definition.
      (5)   MASSAGE PARLOR. Any place where, for any form of consideration, there occurs a massage, alcohol rub, administration of oils or balms, electric or magnetic treatments, or any other treatment manipulation of the human body which includes any “specified sexual activities”, or which includes exposure of the operator’s “specified anatomical areas”. This definition shall not include the practice of massage by any certified operator licensed by the state where the “specified sexual activity” or exposure is not offered or does not take place.
      (6)   NUDE MODEL STUDIO. Any place where a person engages in the business of regularly appearing in a state of nudity or displaying “specified anatomical areas” for any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons.
      (7)   SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment that offers, as one of its primary business purposes and for a consideration, a place where two or more persons may congregate, associate or consort for the purpose of “specified sexual activities”.
   SPECIFIED ANATOMICAL AREAS. 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 areola; and/or
      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   SPECIFIED SEXUAL ACTIVITIES. 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 abnormal, 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/or
      (5)   Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (4) hereof.
   TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Any of the following:
      (1)   The sale, lease or sublease of the business;
      (2)   The transfer of securities which constitute a controlling interest in the business, whether by sale exchange or similar means; or
      (3)   The establishment of a trust, gift or other similar legal devise which transfers ownership, control or the primary beneficial interest in a business.
(1974 Code, § 18-3-8-2) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
§ 153.087 ZONING AND LOCATING REGULATED BUSINESSES.
   (A)   The establishment of a sexually oriented business shall be permitted only in a general commercial zone (§ 153.116), but in no event shall the business be permitted within 1,000 feet of any religious institution, school, boys’ or girls’ club or similar existing youth organization, or public park or public building, or within 1,500 feet of any property zoned for residential use or used for residential purposes.
   (B)   Nothing in this section prohibits the location of sexually oriented businesses within retail shopping centers located in a general commercial zone wherein the activities will have their only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, religious institutions, boys’ or girls’ club or similar existing youth organization, public buildings or residential districts or uses without regard to the distance requirements of division (A) above.
(1974 Code, § 18-3-8-3) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
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