(A) Purpose.
(1) The I-2 Limited Industry District is intended to provide space to meet the locational requirements of a broad range of industrial uses. These industrial uses should be encouraged to locate in areas where adequate utilities are available.
(2) Industrial uses should be designed to blend harmoniously with adjacent land uses, particularly residential uses. For this reason, industrial uses should have adequate area to provide off-street parking and loading and screening should be used to provide a visual barrier for unsightly operational characteristics.
(3) In addition there is a need to establish a zone in the city to allow the operation of adult use type activities and/or businesses. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area those uses, nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USES. Include adult bookstores, adult motion picture theaters, adult motion picture rental, 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, 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.
ADULT USES, ACCESSORY. A use, business or establishment having 10% or less of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from movie rentals or magazine sales.
ADULT USES, PRINCIPAL. A use, business or establishment having more than 10% of its stock in trade or floor area allocated to, or more than 20% of its gross receipts derived from, any adult use.
ADULT USE, BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.
ADULT USE, 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 the building or portion of a building is not open to the public generally but not 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.
ADULT USE, CABARET. A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building excludes minors by virtue of age or if the 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.
ADULT USE, 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 the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE, 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 the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE, HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, or if the club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE, 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 specified sexual activities or specified anatomical areas.
ADULT USE, MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, which provides the services of massage, if the service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE, MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if the building or portion of a building as a prevailing practices excludes minors by virtue of age, or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE, 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 the 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 the customers.
ADULT USE, 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 motor picture machines, projectors or other image-producing devises are maintained to show images to five or fewer persons per machine at any on time, and where the images so displayed are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE, MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting materials in the building or portion of a building as a building as a prevailing practice excludes minors by virtue of age or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USE, NOVELTY BUSINESS. A business which has a principal activity the sale of devices which stimulate human genitals or devices which are designated for sexual stimulation.
ADULT USE, 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 steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT USE, STEAM 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 the 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.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below the point immediately above the top of the areola.
(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, beastiality, 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 sexual-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
(b) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
(c) Use of a human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(d) Fondling, or touching of nude human genitals, pubic region, buttocks or female breast;
(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 flagellation, torture, fettering, binding or other physical restraint of any such persons;
(f) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; and/or
(g) Human erection, urination, menstruation, vaginal or anal irrigation.
(C) General provisions. Adult uses as defined in this chapter shall be subject to the following general provisions.
(1) Activities classified as obscene are not permitted and are prohibited. In no instance shall the application or interpretation of this chapter be construed to allow an activity otherwise prohibited by law.
(2) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.
(3) An adult use which does not qualify as an accessory use pursuant to division (B) above, shall be classified as an adult use, principal.
(D) Adult use; principal.
(1) Adult use, principal shall be a permitted use in the I-2 Limited Industry District, subject to the locational criteria outlined in division (C)(2) above.
(2) Adult use, principal shall be located at least 350 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use, principal is located to the property line of:
(a) A zoning district in which residential uses are specifically listed as a permitted or conditional use;
(b) A licensed day care center;
(c) A public or private educational facility classified as an elementary, junior high or senior high;
(d) A public library;
(e) A public park;
(f) Another adult use, principal; or
(g) Any church or church related organization.
(3) No adult use, principal shall be located in the same building or upon the same property as another adult use, principal.
(4) Adult use, principal shall adhere to the following signing regulations in addition to the sign regulations of § 156.56(C)(1), (C)(2), (C)(3) and (C)(4).
(a) Sign messages shall be generic in nature and shall only identify the name of business.
(b) Signs shall comply with the requirements of size and number for the district in which they were located.
(5) Adult use, principal shall be limited to 7:00 a.m. to 12:30 p.m. for its hours of operation. A differing time schedule may be approved by the City Council, if it can be satisfactorily demonstrated by the operated to the City Council that all of the following apply:
(a) Not adversely impact or affect uses or activities within 350 feet;
(b) Will not result in increased policing and related service calls; and
(c) Is critical to the operation of the business.
(E) Adult use; accessory. Adult uses, accessory, shall be permitted in all commercial districts, provided the accessory use conforms with the provisions of this division (E).
(1) Adult use, accessory shall:
(a) Comprise no more than 10% of the floor area of the establishment in which it is located;
(b) Comprise no more than 20% of the gross receipts of the entire business operation; or
(c) Not involve or include any activity except the sale or rental of merchandise.
(2) Adult use, accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public.
(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.
(b) Magazines. Publications classified or qualifying as adult 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 use. Adult uses, accessory not specifically cited shall comply with the intent of this section subject to the approval of the Zoning Administrator.
(3) Adult use, accessory shall be prohibited from both internal and external advertising and signing of adult materials and products.
(F) Nonconforming adult use; principal or accessory. Adult uses which are in existence prior to October 7, 2002, shall be classified as legal nonconforming uses and may continue in accordance with the provisions of this chapter. If an adult use becomes nonconforming because of rezoning or the establishment of a use listed in division (E)(2) above, the adult use shall be considered legal nonconforming and may continue in accordance with the provisions of this chapter. In no instance, shall a legal nonconforming adult use be allowed to structurally expand the use on the lot on which it is located when the use became legally nonconforming, or expand the adult use to include another lot on which the adult use was not located when it became legally nonconforming. If the building in which a legal nonconforming adult use is located is destroyed by any means to an extent of greater than 50% of its market value, or if the building in which legally nonconforming adult use is vacant for more than 12 months, an adult use shall not be re-established unless it is in conformance with this section.
(G) Permitted use. The following uses shall be permitted in the I-2 Limited Industry District:
(1) Any use permitted in the B-I Limited Business District and I-1 General Industry District, except that dwellings shall not be a permitted use;
(2) Bottling establishment;
(3) Building materials sales and storage, lumber yards;
(4) Cartage and express facilities;
(5) Contractors offices, shops and yards for plumbing, heating, glazing, painting, paper hanging, roofing, ventilating, air conditioning, masonry, electrical and refrigeration;
(6) Dry cleaning establishments, laundries;
(7) Electrical and electronic products manufacture;
(8) Electrical service shops;
(9) Engraving, printing and publishing;
(10) Freight terminal;
(11) Fuel and ice sales and storage;
(12) Garages for storage, repair and servicing of motor vehicles;
(13) Highway maintenance shops and yards;
(14) Jewelry manufacture;
(15) Medical, dental and optical laboratories;
(16) Monument works;
(17) Municipal administration buildings, police and fire stations, maintenance buildings, community center buildings and other municipal service buildings;
(18) Printing;
(19) Public service structures including power substations, gas regulator stations, sewage disposal plants, elevated tanks and water works;
(20) Railroad rights-of-way, railroad yards;
(21) Research, experimental or testing stations;
(22) Storage or warehouse, when completely enclosed within a building;
(23) Wholesale business and office establishments; and
(24) Any water supply building, reservoir, well, elevated tank or similar essential public utility or service structure.
(H) Conditional uses. The following uses may be allowed in the I-2 Limited Industry District subject to obtaining a conditional use permit in accordance with the provisions of § 156.64:
(1) Any residence when included as an integral part of the principal building to be occupied by the owner of his or her employee;
(2) Any manufacturing, assembling, processing, storage, servicing, repair and testing of materials, goods or products;
(3) Extraction, processing or storage of sand, gravel, stone or other raw material;
(4) Junk yards, wrecking yards or auto salvage yard; and
(5) Any radio or television transmitting or receiving apparatus.
(I) Permitted accessory uses. The following shall be permitted accessory uses in the I-2 Limited Industry District: any accessory use customarily incident to the uses permitted in divisions (D) and (E) above.
(J) Height, yard, area and lot width and depth regulations. Every lot in the I-2 Limited Industry District on which any permitted or conditionally permitted use is erected shall meet the following minimum standards:
(1) Height regulations. No building shall hereafter be erected or structurally altered to exceed 45 feet in height.
(2) Front yard regulations.
(a) There shall be a front yard having a depth of not less than 25 feet on a lot or plot that abuts a minor street or a marginal access service street.
(b) There shall be a front yard having a depth of 35 feet on a lot or plot that abuts thoroughfare as shown on the adopted City Thoroughfares Plan.
(c) There shall be a front yard on each street side of a corner lot. No accessory buildings shall project beyond the front yard line on wither street.
(3) Side yard regulations. No side yard shall be required, except as follows: no building shall be located within 20 feet of any side lot line abutting any of the classes of residence districts.
(4) Rear yard regulations. No rear yard shall be required, except as follows: no building shall be located within 25 feet of any rear lot line abutting a lot in any of the classes of residence districts.
(5) Lot area, width and depth regulations. No minimum lot area, width or depth shall be required, however, the lot size shall be adequate to meet the setback, yard and other requirements of this chapter.
(6) Lot coverage regulations. Not more than 50% of the lot area shall be occupied by buildings.
(Ord. 266, passed 5- -2008)